THE APPROPRIATION (No. 3) ACT, 1996

1. Short title. This Act may be called the Appropriation (No. 3) Act, 1996.

2. Issue of Rs. 465857,03,00,000 out of the Consolidated Fund of India for the year of 1996-97.

2. Issue of Rs. 465857,03,00,000 out of the Consolidated Fund of India for the year 1996-97. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate [inclusive of the sums specified in column 3 of the Schedule to the Appropriation (Vote on Account) No. 2 Act, 1996] (18 of 1996 ). to the sum of four lakh sixty-five thousand eight hundred and fifty-seven crores and three lakh rupees towards defraying the several charges which will come in course of payment during the financial year 1996-97.in respect of the services specified in column 2 of the Schedule.

3.Appropriation.

3. Appropriation. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

4.Construction of references to Ministries and Departments in the Schedule.

4. Construction of references to Ministries and Departments in the Schedule. References to Ministries or Departments in the
Schedule are to such Ministries or Departments as existing immediately before the 28th June, 1996 and shall, on or after that date, be construed as references to the appropriate Ministries or Departments as reconstituted from time to time.

2.SCHE

(See section 2, 3 and 4)

THE SCHEDULE
(See section 2, 3 and 4)
———————————————————————
1 2.———————————————————————
No. of Services and purposes vote
———————————————————————

1 Agriculture Revenue
Capital

2 Other Services of Department of Agriculture and Cooperation Revenue
Capital

3 Department of Agricultural Research and
Education Revenue

4 Department of Animal Husbandry and Dairying Revenue
Capital

5 Department of Chemicals and
Petro-chemicals Revenue
Capital

6 Department of Fertilizers Revenue
Capital

7 Department of Civil Aviation Revenue
Capital

8 Department of Tourism Revenue
Capital

9 Ministry of Civil Supplies, Consumer
Affairs and Public Distribution Revenue
Capital

10 Ministry of Coal Revenue
Capital

11 Department of Commerce Revenue
Capital

12 Department of Supply Revenue

13 Department of Posts Revenue
Capital

14 Department of Telecommunications Revenue
Capital

15 Ministry of Defence Revenue
Capital

16 Defence pensions Revenue

17 Defence Services-Army Revenue

18 Defence Services-Navy Revenue

19 Defence Services-Air Force Revenue

20 Defence Ordnance Factories Revenue

21 Capital Outlay on Defence Services Capital

22 Ministry of Environment and Forests Revenue
Capital

23 Ministry of External Affairs Revenue
Capital

24 Department of Economic Affairs Revenue
Capital

25 Currency, Coinage and Stamps Revenue
Capital
———————————————————————

———————————————————————
3.———————————————————————
Sums not exceeding
———————————————————————
Voted by Charged on Total
Parliament the Consoli-
dated Fund
———————————————————————

Rs. Rs. Rs.

3177,72,00,000 .. 3177,72,00,000

16,44.00,000 37,01,00,000 53,45,00,000

212,51,00,000 .. 212,51,00,000

256,82,00,000 60,94,00,000 317,76,00,000

533,38,00,000 .. 533,38,00,000

293,15,00,000 .. 293,15,00,000

111,10,00,000 .. 111,10,00,000

410,85,00,000 50,00,00.000 460,85,00,000

38,88,00,000 .. 38,88,00,000

6989,74,00,000 1,00,000 6989,75,00,000

803,85,00,000 .. 803,85,00,000

77,69,00,000 .. 77,69,00,000

53,18,00,000 .. 53,18,00,000

96,02,00,000 .. 96,02,00,000

13,10,00,000 .. 13,10,00,000

108,80,00,000 .. 108,80,00,000

92,00,000 7,01,00,000 7,93,00,000

185,86,00,000 .. 185,86,00,000

355,02,00,000 .. 355,02,00,000

850,86.00,000 .. 850,86,00,000

61,00,00,000 .. 61,00,000

33,89,00,000 70,00,000 34,59,00,000

2616,28,00,000 1,00,000 2616,29,00,000

69,71,00,000 .. 69,71,00,000

12579,58,00,000 30,00,000 12579,88,00,000

8094,99,00,000 1,00,000 8095,00,00,000

2156,56,00,000 12,00,000 2156,68,00,000

23,68,00,000 11,00,00,000 34,68,00,000

3299,61,00,000 39,00,000 3300,00,00,000

13357,10,00,000 10,09,00,000 13367,19,00,000

1867,74,00,000 2,72,00,000 1870,46,00,000

4057,34,00,000 65,00,000 4057,99,00,000

680,03,00,000 75,00,000 680,78,00,000

8936,75,00,000 7,13,00,000 8943,88,00,000

545,63,00,000 .. 545,63,00,000

7,11,00,000 7,11,00,000

1212,06,00,000 2,00,000 1212,08,00,000

62,04,00,000 .. 62,04,00,000

3056,29,00,000 5,00,000 3056,34,00,000

173,16,00,000 .. 173,16,00,000

725,94,00,000 5,65,00,000 731,59,00,000

385,32,00,000 5,00,000 385,37,00,000

———————————————————————

———————————————————————
1 2.———————————————————————
No. of Service and purposes
Vote
———————————————————————

26 Payments it) Financial Institutions Revenue
Capital
CHARGED.- Interest Payments Revenue

28 Transfers to State and Union territory Governments Revenue
Capital

29 Loans to Government Servants, etc. Capital
CHARGED.-Repayment of Debt Capital

31 Department of Expenditure Revenue

32 Pensions Revenue

33 Audit Revenue

34 Department of Revenue Revenue
Capital
35 Direct Taxes Revenue
Capital

36 Indirect Taxes Revenue
Capital

37 Ministry of Food Revenue
Capital

38 Ministry of Food Processing Industries Revenue
Capital

39 Department of Health Revenue
Capital

40 Department of Indian Systems of Medicine and Homoeopathy Revenue
Capital

41 Department of Family Welfare Revenue
Capital

42 Ministry of Home Affairs Revenue
Capital

43 Cabinet Revenue
Capital

44 Police Revenue
Capital

45 Other Expenditure of the Ministry of
Home Affairs Revenue
Capital

46 Transfers to Union territory Governments Revenue
Capital

47 Department of Education Revenue
Capital

48 Department of Youth Affairs and Sports Revenue
Capital

49 Department of Culture Revenue

50 Department of Women and Child Development Revenue

51 Departments of Industrial Development and
Industrial Policy and Promotion Revenue
Capital

52 Department of Public Enterprises Revenue

———————————————————————

———————————————————————
3.———————————————————————
Sums not exceeding
———————————————————————
Voted by Charged on
Parliament the Consoli- Total dated Fund
———————————————————————
Rs. Rs. Rs.

2093,43,00,000 .. 2093,43,00,000

2483,73,00.000 .. 2483,73,00,000

.. 60000,00,00,000 60000,00,00,000

9824,68,00,000 26776,02,00,000 36600,70,00,000

1175,00,00,000 21085,90,00,000 22260,90,00,000

296,50,00,000 .. 296,50,00,000

.. 201913,74,00,000 201913,74,00,000

4014,29,00,000 .. 4014,29,00,000

1217,15,00,000 2,85,00,000 1220,00,00,000

447,83,00,000 14,64,00,000 462,47,00,000

163,47,00,000 1,00,000 163,48,00,000

4,50,00,000 .. 4,50,00,000

471,98,00,000 2,00,000 472,00,00,000

176,00,00,000 .. 176,00,00,000

701,94,00,000 75,00,000 702,69,00,000

270,06,00,000 .. 270,06,00,000

6115,24,00,000 5,00,000 6115,29,00,000

94,68,00,000 .. 94,68,00,000

40,56,00,000 .. 40,56,00,000

10,50,00,000 .. 10,50,00,000

1251,93,00,000 4,24,00,000 1256,17,00,000

440,08,00,000 2,00,000 440,10,00,000

44,18,00,000 .. 44,18,00,000

1,00,000 .. 1,00,000

1950,65,00,000 .. 1950,65,00,000

1,35,00,000 .. 1,35,00,000

284,39,00,000 11,00,000 284,50,00,000

18,20,00,000 .. 18,20,00,000

89,81,00,000 .. 89,81,00,000

15,00,00,000 .. 15,00,00,000

3864,28,00,000 1,05,00,000 3865,33,00,000

489,19,00,000 46,55,00,000 535,74,00,000

278,45,00,000 2,00,000 278,47,00,000

234,27,00,000 4,16,00,000 238,43,00,000

227,41,00,000 .. 227,41,00,000

233,63,00,000 .. 233,63,00,000

4478,42,00,000 .. 4478,42,00,000

52,00,000 1,00,00,000 152,00,000

134,51,00,000 .. 134,51,00,000

1,73,00,000 .. 1,73,00,000

203,23,00,000 .. 203,23,00,000

895,13,00,000 .. 895,13,00,000

492,02,00,000 1,91,00,000 493,93,00,000

1,52,00,000 .. 1,52,00,000

1,94,00,000 .. 1,94,00,000

———————————————————————

4.———————————————————————
1 2.———————————————————————
No. of Services and purposes
Vote
———————————————————————

53 Department of Heavy Industry Revenue
Capital

54 Department of Small Scale Industries and Agro and Rural Industries Revenue
Capital

55 Information, Films and Publicity Revenue
Capital

56 Broadcasting Services Revenue
Capital

57 Ministry of Labour Revenue
Capital

58 Law and Justice Revenue

59 Election Commission Revenue

CHARGED-Supreme Court of India Revenue

61 Department of Company Affairs. Revenue
Capital

62 Ministry of Mines… Revenue
Capital

63 Ministry of Non-Conventional Energy Sources Revenue
Capital

64 Ministry of Parliamentary Affairs Revenue

65 Ministry of Personnel, Public Grievances and Pensions Revenue
Capital

66 Ministry of Petroleum and Natural Gas Revenue

67 Planning Revenue
Capital

68 Department of Statistics Revenue
Capital

69 Department of Programme Implementation Revenue

70 Ministry of Power Revenue
Capital

71 Department of Rural Development Revenue

72 Department of Wastelands Development Revenue

73 Department of Rural Employment and Poverty
Alleviation Revenue

74 Department of Science and Technology Revenue

.. 44,18,00,000

1,00,000 .. 1,00,000

1950,65,00,000 .. 1950,65,00,000

1,35,00,000 .. 1,35,00,000

284,39,00,000 11,00,000 284,50,00,000

18,20,00,000 .. 18,20,00,000

89,81,00,000 .. 89,81,00,000

15,00,00,000 .. 15,00,00,000

3864,28,00,000 1,05,00,000 3865,33,00,000

489,19,00,000 46,55,00,000 535,74,00,000

278,45,00,000 2,00,000 278,47,00,000

234,27,00,000 4,16,00,000 238,43,00,000

227,41,00,000 .. 227,41,00,000

233,63,00,000 .. 233,63,00,000

4478,42,00,000 .. 4478,42,00,000

52,00,000 1,00,00,000 152,00,000

134,51,00,000 .. 134,51,00,000

1,73,00,000 .. 1,73,00,000

203,23,00,000 .. 203,23,00,000

895,13,00,000 .. 895,13,00,000

492,02,00,000 1,91,00,000 493,93,00,000

1,52,00,000 .. 1,52,00,000

1,94,00,000 .. 1,94,00,000

———————————————————————

4.———————————————————————
1 2.———————————————————————
No. of Services and purposes
Vote
———————————————————————

53 Department of Heavy Industry Revenue
Capital

54 Department of Small Scale Industries and Agro and Rural Industries Revenue
Capital

55 Information, Films and Publicity Revenue
Capital

56 Broadcasting Services Revenue
Capital

57 Ministry of Labour Revenue
Capital

58 Law and Justice Revenue

59 Election Commission Revenue

CHARGED-Supreme Court of India Revenue

61 Department of Company Affairs. Revenue
Capital

62 Ministry of Mines… Revenue
Capital

63 Ministry of Non-Conventional Energy Sources Revenue
Capital

64 Ministry of Parliamentary Affairs Revenue

65 Ministry of Personnel, Public Grievances and Pensions Revenue
Capital

66 Ministry of Petroleum and Natural Gas Revenue

67 Planning Revenue
Capital

68 Department of Statistics Revenue
Capital

69 Department of Programme Implementation Revenue

70 Ministry of Power Revenue
Capital

71 Department of Rural Development Revenue

72 Department of Wastelands Development Revenue

73 Department of Rural Employment and Poverty
Alleviation Revenue

74 Department of Science and Technology Revenue
Capital

75 Department of Scientific and Industrial Research Revenue
Capital

76 Department of Biotechnology Revenue
Capital

77 Ministry of Steel Revenue
Capital

78 Surface Transport Revenue
Capital

79 Roads Revenue
Capital

———————————————————————

———————————————————————
3.———————————————————————
Sums not exceeding
———————————————————————
Voted by Charged on Total
Parliament the Consoli-
dated Fund
———————————————————————
Rs. Rs. Rs.

514,26,00,000 .. 514,26,00,000

222,71,00,000 .. 222,71,00,000

659,54,00,000 .. 659,54,00,000

296,58,00,000 35,00,000 296,93,00,000

144,85,00,000 2,00,000 144,87,00,000

11,85,00,000 .. 11,85,00,000

1419,62,00,000 37,18,00,000 1456,80,00,000

313,05,00,000 68,00,000 313,73,00,000

689,42,00,000 1,00,000 689,43,00,000

1,43,00,000 .. 1,43,00,000

544,61,00,000 .. 544,61,00,000

5,47,00,000 .. 5,47,00,000

.. 15,08,00,000 15,08,00,000

17,49,00,000 .. 17,49,00,000

1,00,000 .. 1,00,000

224,66,00,000 5,00,000 224,71,00,000

35,38,00,000 .. 35,38,00,000

220,58,00,000 .. 220,58,00,000

115,32,00,000 .. 115,32,00,000

3,56,00,000 .. 3,56,00,000

113,38,00,000 1,00,000 113,39,00,000

2,90,00,000 6,00,00,000 8,90,00,000

3,62,00,000 .. 3,62,00,000

105,03,00,000 .. 105,03,00,000

45,67,00,000 .. 45,67,00,000

72,58,00,000 .. 72,58,00,000

5,48,00,000 .. 5,48,00,000

791,60,00,000 .. 791,60,00,000

568,64,00,000 .. 568,64,00,000

2449,70,00,000 5,50,00,000 2455,20,00,000

2215,58,00,000 .. 2215,58,00,000

60,33,00,000 .. 60,33,00,000

6437,00,00,000 .. 6437,00,00,000

449,07,00,000 1,00,000 449,08,00,000

34,97,00,000 .. 34,97,00,000

433,47,00,000 .. 433,47,00,000

6,50,00,000 .. 6,50,00,000

92,17,00,000 .. 92,17,00,000

4,50,00,000 .. 4,50,00,000

42,02,00,000 .. 42,02,00,000

20,20,00,000 .. 20,20,00,000

61,36,00,000 .. 61,36,00,000

89,60,00,000 75,00,000 90,35,00,000

756,62,00,000 40,00,000 757,02,00,000

1202,92,00,000 21,57,00,000 1224,49,00,000

———————————————————————

5.———————————————————————
1 2.———————————————————————
No. of Services and purposes vote
———————————————————————

80 Ports, Lighthouses and Shipping Revenue
Capital

81 Ministry of Textiles Revenue
Capital

82 Urban Development, Urban Employment and
Poverty Alleviation Revenue
Capital

83 Public Works Revenue
Capital

84 Stationery and Printing Revenue
Capital

85 Ministry of Water Resources Revenue
Capital

86 Ministry of Welfare Revenue
Capital

87 Atomic Energy Revenue
Capital

88 Nuclear Power Schemes Revenue
Capital

89 Department of Electronics Revenue
Capital

90 Department of Oman Development Revenue
Capital

91 Department of Space Revenue
Capital

CHARGED.-Staff House hold and Allowances of the President Revenue

93 Rajya Sabha Revenue

94 Lok Sabha Revenue

CHARGED.-Union Public Service Commission Revenue

96 Secretariat of the Vice-President Revenue

97 Andaman and Nicobar Islands Revenue
Capital

98 Chandigarh Revenue
Capital

99 Dadra and Nagar Haveli Revenue
Capital
INCOMPLETE

THE BRITISH STATUTES (REPEAL) ACT, 2004

1. Short title.-(1) This Act may be called the British Statutes (Repeal) Act, 2004.

2.

Definition.

2. Definition.-In this Act, “British Statutes” means the British Law Ascertainment Act, 1859 (22 & 23 Vict. C.63), the Foreign Law Ascertainment Act, 1861 (24 & 25 Vict. C.11), the Colonial Probates Act, 1892 (55 & 56 Vict. C.6), in so far as they apply to India, as the India (Consequential Provision) Act, 1949 (12, 13 & 14 Geor. VI V.92).

THE CASTE DISABILITIES REMOVAL ACT, 1850

An Act for extending the principle of section 9, Regulation VII, 1832, of the Bengal Code throughout 2*[India].

Preamble.–WHEREAS it is enacted by section 9, Regulation VII,
1832 (Ben. Reg. VII of 1832), of the Bengal Code, 3*that “whenever in any civil suit the parties to such suit may be of different persuasions, when one party shall be of the Hindu and the other of the
Muhammadan persuasion, or where one or more of the parties to the suit shall not be either of the Muhammadan or Hindu persuasions the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which,

———————————————————————-
1. Short title given by the Indian Short Titles Act, 1897 (14 of
1897).

This Act has been extend to Berar by the Berar Laws Act,
1941 (4 of 1941) and has been declared to be in force in all the
Provinces of India, except the Scheduled Districts, by the Laws
Local Extent Act, 1874 (5 of 1874), s. 3.It has been declared to be in force in the Sonthal Parganas by the Sonathal Pargnas Settlement Regulation, 1872 (3 of 1872), s. 3.The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-
1965) and to the Union territory of Pondicherry by Act 26 of
1968, s. 3 and Sch.

It has been declared, by notification under s. 3 (a) of the
Scheduled Districts Act, 1874 (14of 1874), to be in force in the following Scheduled Districts, namely:-

West Jalpaiguri . . .See Gazette of India, 1881, Pt. I, p.74.The Districts of Hazaribagh, Lohardaga (now the Ranchi
District, see Calcutta Gazette,
1899, Pt. I, p. 44), and Man-
bhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum . . . . Ditto 1881, Pt. I, p. 504.The Scheduled portion of the
Mirzapur District . . . . Ditto 1879, Pt. I, p. 383.Jaunsar Bawar . . . . Ditto 1879, Pt. I, p. 382.The District of Lahaul . Ditto 1886, Pt. I, p. 301.The Scheduled Districts the C.P. . . . . Ditto 1879, Pt. I, p. 771.The Scheduled Districts in
Ganjam and Vizagapatam . . . Ditto 1898, Pt. I, p. 870.

Coorg . . . Ditto 1879, Pt. I, p. 747.Assam (except the North
Lushai Hills). . . Ditto 1897, Pt. I, p. 299.The Porahat Estate in the
Singhbhum District . . . Ditto 1897, Pt. I, p. 1059.It has been extended by notification by s. 5 of the last-
mentioned Act, to the following Scheduled Districts, namely:-

Kumaon and Garhwal . See Gazette of India, 1876, Pt. I, p.606.The Tarai of the Province of Agra Ditto 1876, Pt. I, p. 505.It has also been extended to the New Provinces and Merged States, see Act 59 of 1949.2. Subs. by Act 3 of 1951, s. 3 and Sch., for “the territories subject to the Government of the East India Company”.

3. Rep. by the Bengal Civil Courts Act, 1871 (6 of 1871), which was rep. by the Bengal, North-Western Provinces and Assam Civil
Courts Act, 1887 (12 of 1887).
but for the operation of such laws, they would have been entitled”;
and whereas it will be beneficial to extend the principle of that enactment throughout 1*[India]; It is enacted as follows:–

1.Law or usage which inflicts forfeiture of, or affects, rights onchange of religion or loss of caste to cease to be enforced.

1. Law or usage which inflicts forfeiture of, or affects, rights on change of religion or loss of caste to cease to be enforced.–So much of any law or usage now in force within 1*[India] as inflicts on any person forfeiture of rights or property, or may be held in any way to impair or affect any right of inheritance, by reason of his or her renouncing, or having been excluded from the communion of, any religion, or being deprived of caste, shall cease to be enforced as law 2*[in any Court].

2.Short title and extent.

3*[2. Short title and extent.–(1) This Act] may be called the
Caste Disabilities Removal Act, 1850.

(2) It extends to the whole of India except the State of Jammu and Kashmir.]
———————————————————————-
1. Subs. by Act 3 of 1951, s. 3 and Sch., for “the territories subject to the Government of the East India Company”.
2. Subs. by s. 3 and Sch., ibid., for “in the Courts of the East
India Company, and in the Courts established by Royal Charter within the said territories”.
3. Added by s. 3 and Sch., ibid.

1.Law or usage which inflicts forfeiture of, or affects, rights on change of religion or loss of caste to cease to be enforced.

1. Law or usage which inflicts forfeiture of, or affects, rights on change of religion or loss of caste to cease to be enforced. So much of any law or usage now in force within 1*[India] as inflicts on any person forfeiture of rights or property, or may be held in any way to impair or affect any right of inheritance, by reason of his or her renouncing, or having been excluded from the communion of, any religion, or being deprived of caste, shall cease to be enforced as law 2*[in any Court].

2.Short title and extent.

3*[2. Short title and extent. (1) This Act may be called the
Caste Disabilities Removal Act, 1850.

(2) It extends to the whole of India except the State of Jammu and Kashmir.]
——————————————————————–
1 Subs. by Act 3 of 1951, s. 3 and Sch., for “the territories subject to the Government of the East India Company”.
2 Subs. by s. 3 and Sch., ibid., for “in the Courts of the East
India Company, and in the Courts established by Royal Charter within the said territories”.
3 Added by s. 3 and Sch., ibid.

THE CENTRAL LAWS (EXTENSION TO ARUNACHAL PRADESH) ACT, 1993

1. Short title and commencement. (1) This Act may be called the
Central Laws (Extension to Arunachal Pradesh) Act 1993.(2) It shall come into force on such date as the Central Govern-
ment may, by notification in the Official Gazette, appoint.

2. Extension of certain laws. The Acts mentioned in the Schedule and all rules, orders, regulations and schemes made thereunder are hereby extended to, and shall be in force in, the State of
Arunachal Pradesh..

3. Construction of references to laws not in force in
Arunachal Pradesh. Any reference in any Act, mentioned in the
Schedule, to a law which is not in force in the State of Arunachal
Pradesh shall, in relation to that State, be construed as a reference to the corresponding law, if any in force in that State.

———————————————————————-

1 1.7.1994: Vide Notification No. S.O. 491(E), dated 1.7.1994.———————————————————————.

4. Construction of references to authorities where new authorities have been constituted. Any reference by whatever form of words in any law for the time being in force in the State of Arunachal
Pradesh to any authority competent at the date of the passing of that law to exercise any powers or discharge any functions in that State shall, where a corresponding new authority has been constituted by or under any law now extended to that State, have effect as if it were a reference to the new authority.

5. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of any Act now extended to the
State of Arunachal Pradesh, the Central Government may, by order notified in the Official Gazette, make such provisions or give such directions as appear to it, necessary for the removal of the difficulty.

(2) In particular, and without prejudice to the generality of the foregoing power, any such notified order may-

(a) specify the corresponding authorities within the meaning of section 4;

(b) provide for the transfer of any matter pending immediately before the commencement of this Act before any court, tribunal or other authority, to any corresponding court, tribunal or other authority for disposal:

Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.

(3) Every order made under this section shall be laid before each House of Parliament.

THE SCHEDULE

(See section 2)

—————————————————————-
Year No. Short title

1 2 3.—————————————————————-

1862 3 The Government Seal Act, 1862.1873 5 The Government Savings Banks Act, 1873.1874 4 The Foreign Recruiting Act, 1874.1881 26 The Negotiable Instruments Act, 1881.1884 4 The Explosives Act, 1884.1885 13 The Indian Telegraph Act, 1885.1888 4 The Indian Reserve Forces Act, 1888.1905 4 The Indian Railway Board Act, 1905.1908 6 The Explosive Substances Act, 1908.1938 5 The Manoeuvres, Field Firing and Artillary
Practice Act, 1938.1941 25 The Railways (Local Authorities Taxation)
Act, 1941.1948 31 The National Cadet Corps Act, 1948.1948 37 The Census Act, 1948.1948 46 The Coal Mines Provident Fund and
Miscellaneous Provisions Act, 1948.—————————————————————-

THE CITIZENSHIP (AMENDMENT) ACT, 2003

1. Short title and commencement.-(1) This Act may be called the

Citizenship (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions

of this Act and any reference in any such provision to the commencement

of this Act shall be construed as a reference to the commencement of

that provision.

 

2.

Amendment of section 2.

 

2. Amendment of section 2.-In section 2 of the Citizenship Act, 1955

(57 of 1955) (hereinafter referred to as the principal Act), in subsection

(1),-

(i) for clauses (b) and (c) and the proviso to clause (c), the

following clause shall be substituted, namely:-

(b) “illegal migrant” means a foreigner who has entered into India-

(i) without a valid passport or other travel documents and such other

document or authority as may be prescribed by or under any law in that

behalf; or

(ii) with a valid passport or other travel documents and such other

document or authority as may be prescribed by or under any law in that

behalf but remains therein beyond the permitted period of time;;

(ii) after clause (e), the following clause shall be inserted, namely:-

(ee) “overseas citizen of India” means a person who-

(i) is of Indian origin being a citizen of a specified country, or

(ii) was a citizen of India immediately before becoming a citizen of a

specified country,

and is registered as an overseas citizen of India by the Central

Government under sub-section (1) of section 7A;;

(iii) after clause (g), the following clause shall be inserted, namely:-

(gg) “specified country” means a country specified in the Fourth

Schedule:

Provided that the Central Government may, by notification in the

Official Gazette, amend the said Schedule by way of addition or

omission of any entry therein:

Provided further that every notification issued under this clause

shall, as soon as may be, after it is made, be laid before each House

of Parliament;.

 

3.

Substitution of new section for section 3.

 

3. Substitution of new section for section 3.-For section 3 of the

principal Act, the following section shall be substituted, namely:-

Citizenship by birth.

 

“3. Citizenship by birth.-(1) Except as provided in sub-section (2),

every person born in India-

(a) on or after the 26th day of January, 1950, but before the 1st day

of July, 1987;

(b) on or after the 1st day of July, 1987, but before the commencement

of the Citizenship (Amendment) Act, 2003 and either of whose parents is

a citizen of India at the time of his birth;

(c) on or after the commencement of the Citizenship (Amendment) Act,

2003, where-

(i) both of his parents are citizens of India; or

(ii) one of whose parents is a citizen of India and the other is not an

illegal migrant at the time of his birth,

shall be a citizen of India by birth.

(2) A person shall not be a citizen of India by virtue of this section

if at the time of his birth-

(a) either his father or mother possesses such immunity from suits and

legal process as is accorded to an envoy of a foreign sovereign power

accredited to the President of India and he or she, as the case may be,

is not a citizen of India; or

(b) his father or mother is an enemy alien and the birth occurs in a

place then under occupation by the enemy.”.

 

4.

Amendment of section 4.

 

4. Amendment of section 4.-In section 4 of the principal Act, for subsection

(1), the following sub-sections shall be substituted, namely:-

“(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, 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, 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.

 

5.

Amendment of section 5.

 

5. Amendment of section 5.-In section 5 of the principal Act,-

(a) for sub-section (1), the following shall be substituted, namely:-

“(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 has been residing in

India for one year immediately before making an application for

registration;

(g) a person of full age and capacity who has been registered as an

overseas citizen of India for five years, and who has been residing in

India for two years 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.”;

(b) after sub-section (5), the following sub-section shall be inserted,

namely:-

“(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.”.

 

6.

Amendment of section 6.

 

6. Amendment of section 6.-In section 6 of the principal Act, in subsection

(1), for the words “who is not a citizen of a country specified

in the First Schedule”, the words “not being an illegal migrant” shall

be substituted.

 

7.

Insertion of heading and new sections 7A, 7B, 7D and 7D.

 

7. Insertion of heading and new sections 7A, 7B, 7D and 7D.-After

section 7 of the principal Act, the following heading and sections

shall be inserted, namely:-

 

OVERSEAS CITIZENSHIP.

 

OVERSEAS CITIZENSHIP

7A. Registration of overseas citizens.-(1) The Central Government may,

subject to such conditions and restrictions including the condition of

reciprocity as may be prescribed, on an application made in this

behalf, register any person as an overseas citizen of India if-

(a) that person is of Indian origin of full age and capacity who is a

citizen of a specified country; or

(b) that person is of full age and capacity who has obtained the

citizenship of a specified country on or after the commencement of the

Citizenship (Amendment) Act, 2003 and who was a citizen of India

immediately before such commencement; or

(c) that person is a minor of a person mentioned in clause (a) or

clause (b).

(2) The person registered as an overseas citizen of India under subsection

(1) shall be an overseas citizen of India as from the date on

which he is so registered.

(3) No person who has been deprived of his Indian citizenship under

this Act shall be registered as an overseas citizen of India under subsection

(1) except by an order of the Central Government.

Explanation.-For the purposes of this section and sections 7B, 7C and

7D, the expression “person of Indian origin” shall mean a citizen of

another country who-

(i) was eligible to become a citizen of India at the time of the

commencement of the Constitution;

(ii) belonged to a territory that became part of India after the 15th

day of August, 1947; and

(iii) the children and grand-children of a person covered under clauses

(i) and (ii), but does not include a person who is or had been at any

time a citizen of Pakistan, Bangladesh or such other country as the

Central Government may, by notification in the Official Gazette,

specify.

 

Conferment of rights on overseas citizens of India.

 

7B. Conferment of rights on overseas citizens of India.-(1)

Notwithstanding anything contained in any other law for the time being

in force, an overseas citizen of India shall be entitled to such rights

[other than the rights specified under sub-section (2)] as the Central

Government may, by notification in the Official Gazette, specify in

this behalf.

(2) An overseas citizen of India shall not be entitled to the rights

conferred on a citizen of India-

(a) under article 16 of the Constitution with regard to equality of

opportunity in matters of public employment;

(b) under article 58 of the Constitution for election as President;

(c) under article 66 of the Constitution for election of Vice-President;

(d) under article 124 of the Constitution for appointment as a Judge of

the Supreme Court;

(e) under article 217 of the Constitution for appointment as a Judge of

the High Court;

(f) under section 16 of the Representation of the People Act, 1950 (43

of 1950) in regard to registration as a voter;

(g) under sections 3 and 4 of the Representation of the People Act,

1951 (43 of 1951) with regard to the eligibility for being a member of

the House of the People or of the Council of States, as the case may

be;

(h) under sections 5, 5A and 6 of the Representation of the People Act,

1951 (43 of 1951) with regard to the eligibility for being a member of

the Legislative Assembly or a Legislative Council, as the case may be,

of a State;

(i) for appointment to public services and posts in connection with the

affairs of the Union or of any State except for appointment in such

services and posts as the Central Government may by special order in

that behalf specify.

(3) Every notification issued under sub-section (1) shall be laid

before each House of Parliament.

 

Renunciation of overseas citizenship.

 

7C. Renunciation of overseas citizenship.-(1) If any overseas citizen

of India of full age and capacity makes in the prescribed manner a

declaration renouncing his overseas citizenship of India, the

declaration shall be registered by the Central Government, and upon

such registration, that person shall cease to be an overseas citizen of

India.

(2) Where a person ceases to be an overseas citizen of India under subsection

(1), every minor child of that person registered as an overseas

citizen of India, shall thereupon cease to be an overseas citizen of

India.

 

Cancellation of registration as overseas citizen of India.

 

7D. Cancellation of registration as overseas citizen of India.-The

Central Government may, by order, cancel the registration granted under

sub-section (1) of section 7A if it is satisfied that-

(a) the registration as an overseas citizen of India was obtained by

means of fraud, false representation or the concealment of any material

fact; or

(b) the overseas citizen of India has shown disaffection towards the

Constitution of India as by law established; or

(c) the overseas citizen of India has, during any war in which India

may be engaged, unlawfully traded or communicated with an enemy or been

engaged in, or associated with, any business or commercial activity

that was to his knowledge carried on in such manner as to assist an

enemy in that war; or

(d) the overseas citizen of India has, within five years after

registration under sub-section (1) of section 7A has been sentenced to

imprisonment for a term of not less than two years; or

(e) it is necessary so to do in the interest of the sovereignty and

integrity of India, the security of India, friendly relations of India

with any foreign country, or in the interests of the general public..

 

8.

Amendment of section 8.

 

8. Amendment of section 8.-In section 8 of the principal Act,-

(a) in sub-section (1), the words “who is also a citizen or national of

another country” shall be omitted;

(b) in the proviso to sub-section (2), after the word “declaration”,

the words “in the prescribed form and manner” shall be inserted;

(c) sub-section (3) shall be omitted.

 

9.

Amendment of section 9.

 

9. Amendment of section 9.-In section 9 of the principal Act, in sub-

section (2), for the word “person”, the words “citizen of India” shall

be substituted.

 

10.

Omission of sections 11 and 12.

 

10. Omission of sections 11 and 12.-Sections 11 and 12 of the principal

Act shall be omitted.

 

11.

Amendment of section 14.

 

11. Amendment of section 14.-In secion 14 of the principal Act, for the

words and figures “sections 5 and 6”, the words, figures and letter

“sections 5, 6 and 7A” shall be substituted.

 

12.

Insertion of new section 14A.

 

12. Insertion of new section 14A.-After section 14 of the principal

Act, the following section shall be inserted, namely:-

 

Issue of national identity cards.

 

“14A. Issue of national identity cards.-(1) The Central Government may

compulsorily register every citizen of India and issue national

identity card to him.

(2) The Central Government may maintain a National Register of Indian

Citizens and for that purpose establish a National Registration

Authority.

(3) On and from the date of commencement of the Citizenship (Amendment)

Act, 2003, the Registrar General, India, appointed under sub-section

(1) of section 3 of the Registration of Births and Deaths Act, 1969 (18

of 1969) shall act as the National Registration Authority and he shall

function as the Registrar General of Citizen Registration.

(4) The Central Government may appoint such other officers and staff as

may be required to assist the Registrar General of Citizen Registration

in discharging his functions and responsibilities.

(5) The procedure to be followed in compulsory registration of the

citizens of India shall be such as may be prescribed.

 

13.

Insertion of new section 15A.

 

13. Insertion of new section 15A.-After section 15 of the principal

Act, the following section shall be inserted, namely:-

 

Review.

 

“15A. Review.-(1) Any person aggrieved by an order made by the Central

Government, may, within thirty days from the date of such order, make

an application for review of such order:

Provided that the Central Government may entertain an application after

the expiry of the said period of thirty days, if it is satisfied that

the applicant was prevented by sufficient cause from making the

application in time:

Provided further that an application for a review of an order passed in

terms of the provisions of section 14A shall be disposed of in the

manner provided for in the procedure as may be laid down under clause

(ia) of sub-section (2) of section 18.

(2) On receipt of an application under sub-section (1), the Central

Government shall, make such order as it deems fit, and the decision of

the Central Government on such review shall be final.”.

 

14.

Amendment of section 17.

 

14. Amendment of section 17.-In section 17 of the principal Act,-

(a) for the words “six months”, the words “five years” shall be

substituted;

(b) for the words “with fine”, the words “with fine which may extend to

fifty thousand rupees” shall be substituted.

 

15.

Amendment of section 18.

 

15. Amendment of section 18.-In section 18 of the principal Act,-

(i) in sub-section (2),-

(a) after clause (a), the following clause shall be inserted, namely:-

“(aa) the form and manner in which a declaration under sub-section (1)

of section 4 shall be made;”;

(b) after clause (i), the following clause shall be inserted, namely:-

“(ia) the procedure to be followed in compulsory registration of the

citizens of India under sub-section (5) of section 14A;”;

(ii) in sub-section (3), the following proviso shall be inserted,

namely:-

“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.”.

 

16.

Omission of First Schedule.

 

16. Omission of First Schedule.-The First Schedule to the principal Act

shall be omitted.

 

17.

Substitution of Second Schedule by a new Schedule.

 

17. Substitution of Second Schedule by a new Schedule.-For the Second

Schedule to the principal Act, the following Schedule shall be

substituted, namely:-

 

THE SECOND SCHEDULE

 

OATH OF ALLEGIANCE

 

“THE SECOND SCHEDULE

[See sections 5(2) and 6(2)]

OATH OF ALLEGIANCE

I, A/B…………………do solemnly affirm (or swear) that I will

bear true faith and allegiance to the Constitution of India as by law

established, and that I will faithfully observe the laws of India and

fulfil my duties as a citizen of India.”.

 

18.

Amendment of Third Schedule.

 

18. Amendment of Third Schedule.-In the Third Schedule to the principal

Act,-

(a) in the opening portion, the words “who is not a citizen of a

country specified in the First Schedule” shall be omitted;

(b) in clause (b), for the words “he has renounced the citizenship of

that country in accordance with the law therein in force in that behalf

and has notified such renunciation to the Central Government”, the

words “he undertakes to renounce the citizenship of that country in the

event of his application for Indian citizenship being accepted” shall

be substituted;

(c) in clause (d),-

(i) for the words “twelve years”, the words “fourteen years” shall be

substituted;

(ii) for the words “nine years”, the words “eleven years” shall be

substituted;

(d) in the proviso, in clause (ii), for the words “thirteen years”, the

words “fifteen years” shall be substituted.

 

19.

Insertion of new Fourth Schedule.

 

19. Insertion of new Fourth Schedule.-After the Third Schedule to the

principal Act, the following Schedule shall be inserted, namely:-

 

THE FOURTH SCHEDULE

[See section 2(1)(gg)]

 

“THE FOURTH SCHEDULE

[See section 2(1)(gg)]

1. Australia.

2. Canada.

3. Finland.

4. France.

5. Greece.

6. Ireland.

7. Israel.

8. Italy.

9. Netherlands.

10. New Zealand.

11. Portugal.

12. Republic of Cyprus.

13. Sweden.

14. Switzerland.

15. United Kingdom.

16. United States of America.”.

THE CITIZENSHIP (AMENDMENT) ACT, 2005

1. Short title and commencement.-(1) This Act may be called the Citizenship (Amendment) Act, 2005.

(2) It shall be deemed to have come into force on the 28th day of June, 2005.

2.

Amendment of section 2.
2. Amendment of section 2.-In section 2 of the Citizenship Act, 1955 (57 of 1955) (hereinafter referred to as the principal Act), in sub-section (1),-

(i) for clause (ee), the following clause shall be substituted, namely:-

(ee) “overseas citizen of India” means a person registered as an overseas citizen of India by the Central Government under section 7A;;

(ii) clause (gg) shall be omitted.

3.

Amendment of section 5.

3. Amendment of section 5.-In section 5 of the principal Act, in sub-section (1), in clause (g), for the words “two years”, the words “one year”shall be substituted.

4.

Substitution of new section for section 7A.

4. Substitution of new section for section 7A.-For section 7A of the principal Act, the following section shall be substituted, namely:-

“7A. Registration of overseas citizens of India.-The Central Government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as an overseas citizen of India-

(a) any person of full age and capacity,-

(i) who is citizen of another country, but was a citizen of India at the time of, or at any time after, the commencement of the Constitution; or

(ii) who is citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or

(iii) who is citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or

(iv) who is a child or a grand-child of such a citizen; or

(b) a person, who is a minor child of a person mentioned in clause (a):

Provided that no person, who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an overseas citizen of India.”.

5.

Omission of Fourth Schedule.

5. Omission of Fourth Schedule.-The Fourth Schedule to the principal Act shall be omitted.

6.

Repeal and saving.

6. Repeal and saving.-(1) The Citizenship (Amendment) Ordinance, 2005 (Ord. 2 of 2005) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.

THE CITIZENSHIP ACT, 1955

1. Short title. This Act may be called the Citizenship Act, 1955.2.Interpretation.

2. Interpretation. (1) In this Act, unless the context otherwise requires,-

(a) “a Government in India” means the Central Government or a State Government;

(b) “citizen”, in relation to a country specified in the
First Schedule, means a person who, under the citizenship or nationality law for the time being in force in that country, is a citizen or national of that country;

(c) “citizenship or nationality law”, in relation to a country specified in the First Schedule, means an enactment of the legislature of that country which at the request of the Government of that country, the
Central Government may, by notification in the Official
Gazette, have declared to be an enactment making provision for the citizenship or nationality of that country:

Provided that no such notification shall be issued in relation to the Union of South Africa except with the previous approval of both Houses of Parliament.

(d) “Indian consulate” means the office of any consular officer of the Government of India where a register of births is kept, or where there is no such office, such office as may be prescribed;

(e) “minor” means a person who has not attained the age of eighteen years;

(f) “person” does not include any company or association or body of individuals, whether incorporated or not;

(g) “prescribed” means prescribed by rules made under this
Act;

(h) “undivided India” means India as defined in the
Government of India Act, 1935, as originally enacted.
———————————————————————
1 This Act has been extended to the Union territory of Dadra and
Nagar Haveli, Vide Notification No. S. O. 846, dt. 17.3.1962, see Gaz. of India, Extraordenary, Pt. II, sec. 3 (ii), p. 517, the Union terrirory of Goa, Daman and Diu, vide, Notfin. No.
S. O. 847, dt. 17.3.1962, see ibid. and Pondicherry with modifications vide Noti. No. G. S. R. 1557, dt. 24.11.62, Gaz.
of India, Pt. II Sec. 3 (i), p. 1886.2.(2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(3) Any reference in this Act to the status or description of the father of a person at the time of that personss birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the fathers death; and where that death occurred before, and the birth occurs after, the commencement of this Act, the status or description which would have been applicable to the father had he died after the commencement of this Act shall be deemed to be the status or description applicable to him at the time of this death.

(4) For the purposes of this Act, a person shall be deemed to be of full age if he is not a minor, and of full capacity if he is not of unsound mind.

ACQUISITION OF CITIZENSHIP

3.Citizenship by birth.

3. Citizenship by birth. 1*[(1) Except as provided in sub-section
(2), every person born in India,-

(a) on or after the 26th day of January, 1950, but before the commencement of the Citizenship (Amendment) Act, 1986 (51 of
1986)

(b) on or after such commencement and either of whose parents is a citizen of India at the time of his birth, shall be a citizen of India by birth.]

(2) A person shall not be such a citizen by virtue of this section if at the time of his birth-

(a) his father possesses such immunity FROM suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and is not a citizen of India; or

(b) his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.

4.Citizenship by descent.

4. Citizenship by descent. (1)2*[A person born outside India,-

(a) on or after the 26th January, 1950, but before the comm-
encement of the Citizenship (amendment) Act, 1992 (39 of 1992)
shall be a citizen of India by descent if his father is a citizen of India at the time of his birth:]

(b) on or after such commencement, shall be a citizen of
India by descent if either of his parents is a Citizen of India at the time of his birth:]

Provided that if the father of such a person 3*[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:

2*[Provided further that if either of the parents of such 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 the commencement of the Citizenship
(Amendment) Act, 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.]
———————————————————————
1 Subs. by Act 51 of 1986, s. 2, for sub-section (1) (w.e.f.
1-7-1987).
2 Subs. by Act 39 of 1992, s. 2, for certain words.
3 Ins. by s. 2, ibid.

3.(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 (1), 1*[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

5. Citizenship by registration. (1) Subject to the provisions of this section and such conditions and restrictions as may be prescribed, the prescribed authority may, on application made in this behalf, register as a citizen of India any person who is not already such citizen by virtue of the Constitution or by virtue of any of the other provisions of this Act and belongs to any of the following categories:-

(a) persons of Indian origin who are ordinarily resident in
India and have been so resident for 2*[five years]
immediately before making an application for registration;

(b) persons of Indian origin who are ordinarily resident in any country or place outside undivided India;

3*[(c) persons who are, or have been, married to citizens of
India and are ordinarily resident in India and have been so resident for five years immediately before making an application for registration.]

(d) minor children of persons who are citizens of India; and

(e) persons of full age and capacity who are citizens of a country specified in the First Schedule:

Provided that in prescribing the conditions and restrictions subject to which persons of any such country may be registered as citizens of India under this clause, the Central Government shall have due regard to the conditions subject to which citizens of India may, by law or practice of that country, become citizens of that country by registration.

Explanation.-For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, 4*** was born in undivided India.

(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.
———————————————————————
1 Subs. by Act 39 of 1992, s. 2, for “any mane persor”.
2 Subs. by Act 51 of 1986, s. 3, for “six months” (w.e.f.
1-7-1987).
3 Subs. by s. 3, ibid, for cl. (c) (w.e.f. 1-7-1987).
4 Certain words omitted by s. 3, ibid. (w.e.f. 1-7-1987).

4.(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. Citizenship by naturalisation. (1) Where an application is made in the prescribed manner by any person of full age and capacity who is not a citizen of a country specified in the First Schedule 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.

6A.

Special provisions as to citizenship of persons covered by the AssamAccord.

1*[“6A. Special provisions as to citizenship of persons covered by the Assam Accord. (1) For the purposes of this section-

(a) “Assam” means the territories included in the State of
Assam immediately before the commencement of the Citizenship
(Amendment) Act, 1985 (65 of 1985)

(b) “detected to be a foreigner” means detected to be a foreigner in accordance with the provisions of the Foreigners
Act, 1946 (31 of1946), and the Foreigners (Tribunals) Order, 1964.by Tribunal constituted under the said Order;

(c) “specified territory” means the territories included in
Bangladesh immediately before the commencement of the Citizenship
(Amendment) Act, 1985 (65 of 1985)

(d) a person shall be deemed to be of Indian origin, if he, or either of his parents or any of his grandparents was born in undivided India;

(e) a person shall be deemed to have been detected to be a foreigner on the date on which a Tribunal constituted under the
Foreigners (Tribunals) Order, 1964 submits its opinion to the effect that he is a foreigner to the officer or authority concerned.

(2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin who came before the 1st day of January, 1966.to Assam FROM the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry INTO Assam shall be deemed to be citizens of India as FROM the 1st day of January, 1966.(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who-

(a) came to Assam on or after the 1st day of January, 1966.but before the 25th day of March, 1971 FROM the specified territory; and

(b) has, since the date of his entry INTO Assam, been ordinarily resident in Assam; and

(c) has been detected to be a foreigner;

shall register himself in accordance with the rules made by the
Central Government in this behalf under section 18 with such authority
(hereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom.

Explanation.-In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this sub-section and if any question arises as to whether such person complies with any other requirement under this sub-section, the registering authority shall,-

(i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding;

(ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said ORDER HAVING jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference.

(4) A person registered under sub-section (3) shall have, as FROM the date on whiche he has been detected to be a foreigner and till the expiry of a period of ten years FROM that data, the same rights and obligations as a citizen of India (including the right to obtain a passport under the Passoports Act, 1967 (15 of 1967), and the obliga-
tions connected therewith), but shall not be entitled to have his name included in any electoral roll for any Assemble or Parliamentary cons-
tituency at any time before the expiry of the said period of ten years.

(5) A person registered under sub-section (3) shall be deemed to be a citizen of India for all purposes as FROM the date of expiry of a period of ten years FROM the date on which he has been detected to be a foreigner.

(6) Without prejudice to the provisions of section 8,-

(a) if any person referred to in sub-section (2) submits in the prescribed manner and form and to the prescribed authority within sixty days FROM the date of commencement of the Citizenship
(Amendment) Act, 1985 (65 of 1985), a declaration that he does not wish to be a citizen of India, such person shall not be deemed to have become a citizen of India under that sub-section;

(b) if any person referred to in sub-section (3) submits in the prescribed manner and form and to the prescribed authority within sixty days FROM the date of commencement of the Citizenship
(Amendment) Act, 1985 or FROM the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub-
sections (4) and (5), it shall not be necessary for such person to register himself under sub-section (3).

Explanation.- Where a person required to file a declaration under this sub-section does not have the capacity to enter INTO a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act on his behalf.

(7) Nothing in sub-sections (2) to (6) shall apply in relation to any person-

(a) who, immediately before the commencement of the Citizenship
(Amendment) Act, 1985 (65 of1985), is a citizen of India;

(b) who was expelled FROM India before the commencement of the
Citizenship (Amendment) Act, 1985 (65 of 1985), under the Foreigners
Act, 1946 (31 of 1946).

(8) Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.

7. Citizenship by incorporation of territory. If any territory becomes a part of India, the Central Government may, by ORDER notified in the Official Gazette, specify the persons who shall be citizens of
India by reason of their connection with that territory; and those persons shall be citizens of India as FROM the date to be specified in the order.

TERMINATION OF CITIZENSHIP.

8. Renunciation of citizenship. (1) If any citizen of India of full age and capacity, who is also a citizen or national of another country, makes in the prescribed manner a declaration renouncing his
Indian citizenship, the declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India:

Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs.
———————————————————————
1 Ins. by Act 65 of 1985, s. 2 (w.e.f. 7-2-1985).

5.(2) Where 1*[a person] ceases to be a citizen of India under sub-section (1), every minor child of that person shall thereupon cease to be a citizen of India:

Provided that any such child may, within one year after attaining full age, make a declaration that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India.

(3) For the purposes of this section, any woman who is, or has been, married shall be deemed to be of full age.

9. Termination of citizenship. (1) Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India:

Provided that nothing in this sub-section shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acquires the citizenship of another country, until the
Central Government otherwise directs.

(2) If any question arises as to whether, when or how any person has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and HAVING regard to such rules of evidence, as may be prescribed in this behalf.

10. Deprivation of citizenship. (1) A citizen of India who is such by naturalisation or by virtue only of clause (c) of article 5 of the Constitution or by registration otherwise than under clause (b)
(ii) of article 6 of the Constitution or clause (a) of sub-section (1)
of section 5 of this Act, shall cease to be a citizen of India, if he is deprived of that citizenship by an ORDER of the Central Government under this section.

(2) Subject to the provisions of this section, the Central
Government may, by order, deprive any such citizen of Indian citizenship, if it is satisfied that-

(a) the registration or certificate of naturalisation was obtained by means of fraud, false representation or the concealment of any material fact; or

(b) that citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of
India as by law established; or

(c) that citizen has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged, in or associated with, any business that was to his knowledge carried on in such manner as to assist and enemy in that war; or
———————————————————————
1 Subs. by Act 39 of 1992, s. 3, for “a male person”

6.(d) that citizen has, within five years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than two years; or

(e) that citizen has been ordinarily resident out of India for a continuous period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside India or in the service of a Government in India or of an international organisation of which India is a member, nor registered annually in the prescribed manner at an
Indian consulate his intention to retain his citizenship of India.

(3) The Central Government shall not deprive a person of citizenship under this section unless it is satisfied that it is not conducive to the public good that that person should continue to be a citizen of India.

(4) Before making an ORDER under this section, the Central
Government shall give the person against whom the ORDER is proposed to be made notice in writing informing him of the ground on which it is proposed to be made and, if the ORDER is proposed to be made on any of the grounds specified in sub-section (2) other than clause (e)
thereof, of his right, upon making application therefor in the prescribed manner, to have his case referred to a committee of inquiry under this section.

(5) If the ORDER is proposed to be made against a person on any of the grounds specified in sub-section (2) other than clause (e)
thereof and that person so applies in the prescribed manner, the
Central Government shall, and in any other case it may, refer the case to a Committee of Inquiry consisting of a chairman (being a person who has for at least ten years held a judicial office) and two other members appointed by the Central Government in this behalf.

(6) The Committee of Inquiry shall, on such reference, hold the inquiry in such manner as may be prescribed and submit its report to the Central Government; and the Central Government shall ordinarily be guided by such report in making an ORDER under this section.

SUPPLEMENTAL.

11. Commonwealth citizenship. Every person who is a citizen of a
Commonwealth country specified in the First Schedule shall, by virtue of that citizenship, have the status of a Commonwealth citizen .

12. Power to confer rights of Indian citizen on citizens of certain country. (1) The Central Government may, by ORDER notified in the Official Gazette, make provisions on a basis of reciprocity for the

7.conferment of all or any of the rights of a citizen of India on the citizens of any country specified in the First Schedule.

(2) Any ORDER made under sub-section (1) shall have effect notwithstanding anything inconsistent therewith contained in any law other than the Constitution of India or this Act.

13.Certificate of citizenship in case of doubt.

13. Certificate of citizenship in case of doubt. The Central
Government may, in such cases as it thinks fit, certify that a person, with respect to whose citizenship of India a doubt exists, is a citizen of India; and a certificate issued under this section shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that that person was such a citizen on the date thereof, but without prejudice to any evidence that he was such a citizen at an earlier date.

14.Disposal of application under sections 5 and 6.14. Disposal of application under sections 5 and 6. (1) The prescribed authority or the Central Government may, in its discretion, grant or refuse an application under section 5 or section 6 and shall not be required to assign any reasons for such grant or refusal.

(2) Subject to the provisions of section 15, the decision of the prescribed authority or the Central Government on any such application as aforesaid shall be final and shall not be called in question in any court.

15.Revision.

15. Revision. (1) Any person aggrieved by an ORDER made under this Act by the prescribed authority or any officer or other authority
(other than the Central Government) may, within a period of thirty days FROM the date of the order, make an application to the Central
Government for a revision of that order:

Provided that the Central Government may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause FROM making the application in time.

(2) On receipt of any such application under sub-section (1), the
Central government shall, after considering the application of the aggrieved person and any report thereon which the officer or authority making the ORDER may submit, make such ORDER in relation to the application as it deems fit, and the decision of the Central
Government shall be final.

16.Delegation of powers.

16. Delegation of powers. The Central Government may, by order, direct that any power which is conferred on it by any of the provisions of this Act other than those of section 10 and section 18.shall, in such circumstances and under such conditions, if any, as may be specified in the

8.order, be exercisable also by such officer or authority as may be so specified.

17.Offences.

17. Offences. Any person who, for the purpose of procuring anything to be done or not to be done under this Act, knowingly makes any representation which is false in a material particular shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

18.Power to make rules.

18. Power to make rules. (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 authorized under this Act to be registered, and the conditions and restrictions in regard to such registration;

(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 authorized 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;

1*[(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;]

(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;
———————————————————————
1 Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985).

9.(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 this 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.

1*[(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 the 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.]

19.[Repealed.]

19. [Repeals.] Rep. by the Repealing and Amending Act, 1960 (58.of 1960), s. 2 and Sch. I.

See sections 2(1) (b) and 5(1) (e).

THE FIRST SCHEDULE

(See sections 2(1) (b) and 5(1) (e).]

A. The following Commonwealth countries:-

1. United Kingdom.

2. Canada.

3. Commonwealth of Australia.

4. New Zealand.

5. Union of South Africa.

6. Pakistan.

7. Ceylon.

8. Federation of Rhodesia and Nyasaland.

2*[9. Ghana.

10. Federation of Malaya.

11. Singapore.]

B. The Republic of Ireland.

Explanation.-In this Schedule, “United Kingdom” means the United
Kingdom of Great Britain and Northern Ireland, and includes the
Channel Islands, the Isle of Man and all Colonies; and “Commonwealth of Australia” includes the territories of Papua and the territory of
Norfolk Island.
———————————————————————
1 Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).
2 Ins. by Act 65 of 1957, s. 2.10.SCHE

OATH OF ALLEGIANCES

THE SECOND SCHEDULE

I, A. B……………………… do solemnly affirm (or swear)
that I will bear true faith and allegiance to the Constitution of
India as by law established, and that I will faithfully observe the laws of India and fulfil my duties as a citizen of India.

THE THIRD SCHEDULE

[See section 6(1).]

QUALIFICATIONS FOR NATURALISATION

The qualifications for naturalisation of a person who is not a citizen of a country specified in the First Schedule are:-

(a) that he is not a subject or citizen of any country where citizens of India are prevented by law or practice of that country FROM becoming subjects or citizens of that country by naturalisation;

(b) that, if he is a citizen of any country, he has renounced the citizenship of that country in accordance with the law therein in force in that behalf and has notified such renunciation to the Central Government;

(c) that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application;

(d) that during the 1*[twelve years] immediately preceding the said perid of twelve months, he has either resided in India or been in the service of a Government in
India, or partly the one and partly the other, for periods amounting in the aggregate to not less than
2*[nine years];

(e) that he is of good character;

(f) that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution;
and

(g) that in the event of a certificate of naturalisation being granted to him, he intends to reside in India, or to enter into, or continue in, service under a
Government in India or under an international organisation of which India is a member or under a society, company or body of persons established in
India;
———————————————————————
1 Subs. by Act 51 of 1986, s. 4, for “seven years” (w.e.f. 1-7-1987).
2 Subs. by s. 4, ibid., for “four years” (w.e.f. 1-7-1987).

11.Provided that the Central Government may, if in the special circumstances of any particular case it thinks fit,-

(i) allow a continuous period of twelve months ending not more than six months before the date of the application to be reckoned, for the purposes of clause (c) above, as if it had immediately preceded that date;

(ii) allow periods of residence or service earlier than
1*[thirteen years] before the date of the application to be reckoned in computing the aggregate mentioned in clause (d) above.
———————————————————————
1 Subs. by Act 51 of 1986, s. 4, for “eight years” (w.e.f. 1-7-1987).

THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) ACT, 2002.ACT NO. 25 OF 2002.[24th May, 2002.]

1. Short title.-This Act may be called the Constitution (Scheduled
Castes) Order (Amendment) Act, 2002.
2.Amendment of the Constitution (Scheduled Castes) Order, 1950.

2. Amendment of the Constitution (Scheduled Castes) Order, 1950.-The
Schedule to the Constitution (Scheduled Castes) Order, 1950 is hereby amended in the manner and to the extent specified hereunder, namely:-

(a) in PART XIII.-Orissa,-

(i) omit entry 22;

(ii) omit entry 90;

(iii) after entry 93, insert-

“94. Mangali (in Koraput and Kalahandi districts)

95. Mirgan (in Navrangpur district).”;

(b) in PART XIV.-Punjab,-

(i) for entry 9, substitute-

“9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi, Ravidasi, Ramdasia, Ramdasia Sikh, Ravidasia, Ravidasia Sikh.”;

(ii) after entry 37, insert-

“38. Mochi.”;

(c) in PART XIX.-West Bengal,-

(i) for entry 22, substitute-

“22. Hari, Mehtar, Mehtor, Bhangi, Balmiki.”;

(ii) after entry 59, insert-

“60. Chain (in Malda, Murshidabad, Nadia and Dakshin Dinajpur districts).”. —-

THE CONSTITUTION (SCHEDULED CASTES) ORDERS (SECOND AMENDMENT) ACT,2002

1. Short title.-This Act may be called the Constitution (Scheduled
Castes) Orders (Second Amendment) Act, 2002.2.Amendment of Scheduled Castes Orders.

2. Amendment of Scheduled Castes Orders.-(1) The Schedule to the
Constitution (Scheduled Castes) Order, 1950 is hereby amended in the manner and to the extent specified in Schedule I.

(2) The Schedule to the Constitution (Scheduled Castes) (Union
Territories) Order, 1951 is hereby amended in the manner and to the extent specified in Schedule II.

(3) The Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956.is hereby amended in the manner and to the extent specified in
Schedule III.

(4) The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order,
1962 is hereby amended in the manner and to the extent specified in
Schedule IV.

(5) The Constitution (Pondicherry) Scheduled Castes Order, 1964 is hereby amended in the manner and to the extent specified in Schedule
V.

SCHE

AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950

SCHE

AMENDMENTS TO THE CONSTITUTION (SCHEDULED CASTES (UNION TERRITORIES)ORDER,
1951.SCHE

AMENDMENTS TO THE CONSTITUTION (JAMMU AND KASHMIR) SCHEDULED CASTESORDER,
1956.SCHE

AMENDMENT TO THE CONSTITUTION (DADRA AND NAGAR HAVELI) SCHEDULEDCASTES
ORDER, 1962.SCHE

AMENDMENT TO THE CONSTITUTION (PONDICHERRY) SCHEDULED CASTES ORDER,1964.

THE CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2003

1. Short title.-This Act may be called the Constitution (Scheduled Tribes)
Order (Amendment) Act, 2003.2.

2. Amendment of the Constitution (Scheduled Tribes) Order, 1950.-In the
Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Part
II.-Assam,-

(i) for the sub-part heading “I. In the autonomous districts”, the following shall be substituted, namely:-

“I. In the autonomous districts of Karbi Anglong and North Cachar Hills”;

(ii) for the sub-part heading “II. In the State of Assam excluding the autonomous districts”, the following shall be substituted, namely:-

“II. In the State of Assam including the Bodoland Territorial Areas District and excluding the autonomous districts of Karbi Anglong and North Cachar
Hills.”.