Rule, 2016

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 880] NEW DELHI, FRIDAY DECEMBER 23, 2016/ PAUSA 2, 1938 ^ f ^ f t , 23 ̂ ^ , 2016 ( 2 ) % ^ ^ * ^ % W ? R # ^ * ^ ^ I (*.) W 6 *, - ^ r # ^ W * ( * . ) | * * I T ( * . ) ( ^ ^ T W ^ ^ ^ ^ ^ ^ ^ -

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MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 23rd December, 2016

G.S.R.1168(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, 2009, namely:—

1. (1) These rules may be called the Citizenship (Amendment) Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Citizenship Rules, 2009 (hereinafter referred to as the said Rules),in rule 11, in sub-rule (3), the following proviso shall be inserted, namely:— “Provided that in respect of an application submitted by any person belonging to minority community in Afghanistan, Bangladesh and Pakistan (namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians), in the absence of the Collector, an officer not below the rank of the Sub-Divisional Magistrate authorised in writing by the Collector, may administer to the applicant the oath of allegiance.”.

3. In rules 38 of the said Rules, in sub-rule (1), after the proviso, the following proviso shall be inserted, namely:— “Provided further that in respect of an application submitted by any person belonging to minority community in Afghanistan, Bangladesh and Pakistan (namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians), in the absence of the Collector, Deputy Commissioner or the District Magistrate, the application or declaration may be signed in the presence of, or the oath administered by, an officer not below the rank of the Sub-Divisional Magistrate authorised in writing by the Collector, or Deputy Commissioner or the District Magistrate, as the case may be.”.

4. In Schedule I to the said Rules,—

(a) in Form II,—

(i) in the sentence under asterisk (*) marks, the words and brackets “before whom the registration, declaration or oath of allegiance is made or taken (i.e. the Collector, Deputy Commissioner, District Magistrate)” shall be omitted;

(ii) under the entries relating to Documents to be attached with the application by the applicant, paragraph 4 shall be omitted;

(b) in Form III,—

(i) in the sentence under asterisk (*) marks, the words and brackets “before whom the registration, declaration or oath of allegiance is made or taken (i.e. the Collector, Deputy Commissioner, District Magistrate)” shall be omitted;

(ii) under the entries relating to Documents to be attached with the application by the applicant, paragraph 5 shall be omitted;

(c) in Form IV,—

(i) in the sentence under asterisk (*) marks, the words and brackets “before whom the registration, declaration or oath of allegiance is made or taken (i.e. the Collector, Deputy Commissioner, District Magistrate)” shall be omitted;

(ii) under the entries relating to Documents to be attached with the application by the applicant, paragraph 4 shall be omitted;

(d) in Form V, —

(i) in the sentence under asterisk (*) marks, the words and brackets “before whom the registration, declaration or oath of allegiance is made or taken (i.e. the Collector, Deputy Commissioner, District Magistrate)” shall be omitted;

(ii) under the entries relating to Documents to be attached with the application by the applicant, paragraph 4 shall be omitted;

(e) in Form VI, —

(i) in the sentence under asterisk (*) marks, the words and brackets “before whom the registration, declaration or oath of allegiance is made or taken (i.e. the Collector, Deputy Commissioner, District Magistrate)” shall be omitted;

(ii) under the entries relating to Documents to be attached with the application by the applicant, paragraph 4 shall be omitted;

(f) in Form VII, —

(i) in the sentence under asterisk (*) marks, the words and brackets “before whom the registration, declaration or oath of allegiance is made or taken (i.e. the Collector, Deputy Commissioner, District Magistrate)” shall be omitted;

(ii) under the entries relating to Documents to be attached with the application by the applicant, paragraph 3 shall be omitted;

(g) in Form VIII, under the entries relating to Documents to be attached with the application by the applicant, paragraph 3 shall be omitted.

5. In Schedule IV to the said Rules, for serial numbers 1 and 2 and the entries relating thereto, the following serial numbers and entries shall be substituted, namely:— Sl.

No.

Matter in which fee is to be taken Registration as a citizen of India under section 5 of the Act—

(1) Under section 5(1)(a) and 5(1)(b)—

(a) in respect of persons belonging to minority community in Afghanistan, Bangladesh and Pakistan (namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians)—

(i) With the application

(ii) Grant of certificate of registration

(b) for all others not covered under (a) above—

(i) With the application

(ii) Grant of certificate of registration

(2) Under section 5(1)(c)—

(a) in respect of persons belonging to minority community in Afghanistan, Bangladesh and Pakistan (namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians)—

(i) With the application

(ii) Grant of certificate of registration

(b) for all others not covered under (a) above—

(i) With the application

(ii) Grant of certificate of registration

(3) Under section 5(1)(d) and 5(4)—

(a) in respect of persons belonging to minority community in Afghanistan, Bangladesh and Pakistan (namely Hindus, Sikhs, Buddhists, Jains, Parsis and Christians)—

(i) With the application

(ii) Grant of certificate of registration

(b) for all others not covered under (a) above— Amount of fee In India (Rs.) Elsewhere (Rs.)

(i) With the application

(ii) Grant of certificate of registration

(4) Under section 5(1)(e) and 5(1)(f)—

(a) in respect of persons belonging to minority community in Afghanistan, Bangladesh and Pakistan (namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians)—

(a) in respect of persons belonging to minority community in Afghanistan, Bangladesh and Pakistan (namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians)—

(i) With the application

(ii) Grant of certificate of registration

(b) for all others not covered under (a) above—

(i) With the application

(ii) Grant of certificate of registration

(5) Under section 5(1)(g)—

(i) With the application

(ii) Grant of certificate of registration Naturalisation as a citizen of India under section 6(1) of the Act—

(i) With the application

(ii) Grant of certificate of registration

(b) for all others not covered under (a) above—

(i) With the application

(ii) Grant of certificate of registration MUKESH MITTAL, Jt. Secy.

Note.—The principal rules were published in the Gazette of India, Extraordinary, vide notification number

G.S.R. 124(E), dated the 25th February, 2009 and subsequently amended vide notification numbers and

G.S.R. 35(E), dated the 16th January, 2015.

and Published by the Controller of Publications, Delhi-110054. Nishok Kumar Paria • Digitally signed by Nishok Kumar Paria

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Citizenship Act, 1955