Rule, 2018

Text

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EXTRAORDINARY

PUBLISHED BY AUTHORITY

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MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 18th October, 2018

G.S.R. 1049(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. Short title and commencement.- (1) These rules may be called the Citizenship (Amendment) Rules, 2018.

(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 part V, for rule 23, the following rule shall be substituted, namely:- “23. Declaration of renunciation of citizenship.- (1) A declaration of renunciation of citizenship of India under sub-section (1) of section 8 shall be made by a citizen of India in Form XXII.

(2) On receipt of the declaration of renunciation of citizenship of India under sub-rule (1), an acknowledgement in Form XXIII shall be issued by the concerned Authority referred to in rule 38, to the declarant.

(3) On being satisfied about the correctness of the particulars of the declaration made under sub-rule (1), the declaration shall be registered by the concerned Authority referred to in sub-rule (2) and a Certificate of Renunciation of Indian citizenship in Form XXIV shall be issued by him to the declarant.

(4) The concerned Authority referred to in sub-rule (2) shall maintain a register in Form XXIV-A containing the details of declarants whose declaration of renunciation of citizenship are registered under this rule.”.

3. In the said rules, in Part VI,- (A) in rule 29,-

(a) for sub-rule (2), the following sub-rule shall be substituted, namely: - “(2) Every person, including a minor, eligible to be registered as Overseas Citizen of India Cardholder under section 7A may submit separate application under sub-rule(1).”.

(b) after sub-rule (2), the following sub-rules shall be inserted, namely:- “(3) In case of a minor, the application form may be signed by either of the parents or by the person to whom the legal custody of the minor has been granted or by the legal guardian of such minor, as the case may be.

(4) In case of a person referred to in clause (d) of sub-section (1) of section 7A, who is a spouse of foreign origin of a citizen of India or a spouse of foreign origin of an Overseas Citizen of India Cardholder, only one such living spouse fulfilling the conditions laid down under that clause shall be eligible to apply for registration as Overseas Citizen of India Cardholder.”.

(B) In rule 32, in sub-rule (1 A), after the words and figures “as provided under the said clause (d) of sub-section (1) of section 7A of the Citizenship Act, 1955”, the following shall be inserted, namely: - “and only one living spouse duly fulfilling the conditions laid down in said clause (d) of sub-section (1) of section 7A shall be registered as an Overseas Citizen of India Cardholder.”. (C) In rule 34, in sub-rule (1), for the words “concerned Indian Mission or Post or the Ministry of Home Affairs, Government of India”, the words “concerned Indian Mission or Post or the concerned Foreigners Regional Registration Officer” shall be substituted.

(4) In the said rules, in the Schedule I , -

(a) in Form I I , in Part I , after serial number 6 and the entries relating thereto, the following serial number shall be inserted, namely:- “6A. Religion ……………………………..”;

(b) in Form I I I , in Part I , after serial number 8 and the entries relating thereto, the following serial number shall be inserted, namely:- “8A. Religion ……………………………”;

(c) in Form I V , in Part I , after serial number 8 and the entries relating thereto, following serial number shall be inserted, namely :- “8A. Religion ……………………………..

8B. Date of entry into India ………………”;

(d) in Form V , in Part I , after serial number 5 and the entries relating thereto, following serial number shall be inserted, namely :- “5A. Religion ………………………………..

5B. Date of entry into India………………..”;

(e) in Form V I , in Part I , after serial number 7 and the entries relating thereto, the following serial number shall be inserted, namely:- “7A. Religion ………………………………...”;

(f) for ‘Form X X I I ’ , the following ‘Form’ shall be substituted, namely:- “FORM XXII [See rule 23(1)]

THE CITIZENSHIP RULES,2009

DECLARATION OF RENUNCIATION OF CITIZENSHIP UNDER SECTION 8 OF THE ACT MADE BY A

CITIZEN OF INDIA WHO IS ALSO A CITIZEN OR NATIONAL OF ANOTHER COUNTRY

I , ……………………….(here insert name and address of declaration) am of full age and capacity and was born at (with Tehsil, District, State and Country) ……………………..on…………………….. I have/have not been married.

I hereby renounce my citizenship of India.

I hereby renounce my citizenship of India and surrender my Indian Passport No………………… with date of Name and full particulars of minor children who are Citizens of India, if any…………………………………… I am/was Indian citizen by (Birth/Descent/Registration/Naturalisation) ……………………………………… The circumstances in which/reasons due to which applicant intends to acquire foreign citizenship and renounce Indian citizenship……………………………… I,…………………………………………………… do solemnly and sincerely declare that the foregoing particulars stated in this declaration are true and I make this solemn declaration conscientiously believing the same to be true. Made and subscribed this……………… day of………………..20……….before me. Particulars

1. Full name………………………………………………………………………………

3. Profession or occupation………………………………………………………………………..

4. Place and date of birth……………………………………………………………………………

5. (Second) Nationality……………………………………………………………………………..

7. Name of wife or husband………………………………………………………………………..

8. Names and nationalities of parents………………………………………………………..

9. Names and full particulars of children, if any,……………………………………….. I, the undersigned, hereby state that I am an Indian citizen otherwise than by naturalization that I am householder, and that I am not the solicitor or agent of………………………….. I vouch for the correctness of the statements made by …………………………. In his application for……………………….

Date………………… Name (in BLOCK LETTERS) * Signature and designation of the officer authorised under rule 38 of the Citizenship Rules, 2009, before whom the registration, declaration or oath of allegiance is made or taken.”;

(g) for ‘Form XXIV’, the following ‘Forms’ shall be substituted, namely:- “FORM XXIV [See rule 23(3)]

THE CITIZENSHIP RULES, 2009

CERTIFICATE OF RENUNCIATION OF INDIAN CITIZENSHIP UNDER RULE 23 OF THE CITIZENSHIP

RULES, 2009

This is to certify that the person whose details are given below has voluntarily renounced the Indian citizenship and pursuant to section 8 of the Citizenship Act, 1955, he/ she shall cease to be a citizen of India with effect from the date of issue of this certificate:

1. Name: ……………………………………..

2. Father’s name:……………………………..

3. Mother’s name:……………………………

4. Date of Birth:……………………………..

5. Place of Birth:…………………………….

6. Indian Passport No.:………………………

7. Address ::…………………………………

8. He/ she has acquired the citizenship of India by Birth/ Descent/ Registration/ Naturalization Signature and seal of the Issuing Authority Name :

Designation:

Place of Issue:………………….

Date of Issue : …………………

FORM XXIV-A

[See rule 23(4)]

THE CITIZENSHIP RULES, 2009

REGISTER OF DECLARATIONS OF RENUNCIATION OF INDIAN CITIZENSHIP

S.

No.

Full name of declarant and address ion or tion Place and date of birth Nationality of declarant’s parents Full names of parents Married, single, widower, widow or divorced Place where and date when decla- ration made Mode of acquisition of Indian citizenship by the applicant- by Birth/ Descent/ Registration / tion The circum- stances in which/ reasons due to which applicant intends to acquire foreign citizenship and renounce Indian citizenship Remarks This Form when completed should be forwarded in triplicate to the Chief Secretary to the Government of the State in which applicant is resident.”;

(h) for ‘Form XXVIII’, the following ‘Form’ shall be substituted, namely:- “Form XXVIII [See rule 29(1)]

THE CITIZENSHIP RULES, 2009

APPLICATION FOR REGISTRATION AS AN OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER

SECTION 7A OF THE CITIZENSHIP ACT, 1955

Note:- Please see Instructions before filling up the Form

INDIAN ORIGIN APPLICANT

Signature /Left thumb impression [in case of those who cannot sign] Personal Particulars (as in Passport) Affix your photo of size 51 x 51 mm Surname Middle Name Given Name Other names [If you are known by any other name(s)] Gender

6. Date of birth

7. Place of birth (in India/abroad) [Mention District, City, State, Country] Marital Status [Unmarried/ Married/ Separated / Divorced/ Widowed / Widower] Visible Distinguishing Marks on the body Present nationality [along with National Identification Number, if available] Whether holding dual nationality? if yes, mention country and passport details

(a) Country Passport number:

(b) Country Passport number:

Previous nationality held (if any) [Mention Passport Number and Date of renunciation (if any)] Family Details Father’s Name Father’ Nationality Father’s profession Mother’s Name Mother’s Nationality Mother’s profession Spouse Name Spouse Nationality Spouse profession Date of Birth of spouse Date of Marriage Spouse Passport Number Spouse passport issue place and validity of passport Name of Root Indian Citizen or Root Indian person eligible to be Indian Citizen and his/her Relationship with the applicant Passport details of applicant Passport number Place of issue Date of issue and expiry date Previous passport number if any.

Occupation details Occupation [Specific field of work] Employer’s address Employer’s contact number If retired, from which Department/ Office/ Organization Applicant’s contact details Present complete address (India and abroad) Phone number Email address Mobile number

SPOUSE BASED APPLICANT

Signature/Left thumb impression [in case of those who cannot sign] Part – A :

Personal Particulars (as in Passport) Affix your photo of Surname Middle Name Given Name Other names [If you are known by any other name(s)] Gender Date of birth Place of birth (in India/abroad) [Mention District, City, State, Country] Marital Status [Married/ Separated / Divorced/ Widowed / Widower] Visible Distinguishing Marks on the body Present nationality [along with National Identification Number, if available] Whether holding dual nationality? if yes, mention country and passport details

(a) Country Passport number

(b) Country Passport number Previous nationality held (if any) [Mention Passport Number/ Date of Renunciation (if any)] Family Details Father’s Name Father’ Nationality Father’s profession Mother’s Name Mother’s Nationality Mother’s profession Spouse Name Spouse Nationality Spouse profession Date of Birth of spouse Date of Marriage Whether married in India or abroad? If marriage is solemnised in India, whether marriage registered with the Registrar of Marriages ? If marriage is solemnised abroad, whether the marriage certificate is Apostled / certified by the Indian Mission/Post concerned? Whether marriage still subsisting? Spouse passport number Spouse local address abroad Spouse passport issue place and validity of passport Is your Spouse an Overseas Citizen of India cardholder? If yes, please mention spouse card registration no., date of issue and place of issue Whether you have more than one living spouse? If Yes, give details Whether your spouse has any other living spouse? If Yes, give details Yes / No Yes / No Yes / No Yes / No Passport details Passport Number Place of issue Date of issue and expiry date Previous passport number (if any).

Occupation details Occupation Employer’s address Employer’s contact number If retired, from which Department/ Office/ Organisation Applicant’s contact details Present complete address (India and abroad) Phone number Email address Mobile number

MINOR CHILD

Signature/Left thumb impression [in case of those who cannot sign] Part – A:

Personal Particulars (as in Passport) Affix your photo of size 51 x 51 mm Surname Given Name Other names [If you are known by any other name(s)] Gender Date of birth Place of birth (in India/abroad) [Mention District, City, State, Country] Visible Distinguishing Marks on the body Present nationality [along with National Identification Number, if available] Whether holding dual nationality? if yes, mention country and passport details

(a) Country Passport number

(b) Country Passport number Previous nationality held [Mention Passport/Renounced ( if any)] Family Details Father’s Name Father’ Nationality Father’s profession Mother’s Name Mother’s Nationality Mother’s profession Name of Root Indian Citizen or Root Indian person eligible to be Indian Citizen and his/her Relationship with applicant Passport details Passport number Place of issue Date of issue and expiry date Previous passport if any.

Applicant’s contact details Present complete address (India and abroad) Phone number Email address Mobile number Part B – Other details of Applicant(s) [Applicable to all categories]

1. Have you/any member of your family applied for Overseas Citizen of India registration earlier? Yes/No If yes, give details:

Name and Relationship Reference No. Date when applied Place where applied Status [Granted/ Not yet]

2. Have you surrendered/got your previous Overseas Citizen of India card cancelled? Yes/ No Please mention number and date of issue of previous Overseas Citizen of India card

3. Whether the applicant had ever been a citizen of Pakistan or Bangladesh at any time? Yes/No If yes, give specific details:

4. Whether either of parents or grandparents or great-grandparents of the applicant had ever been a citizen of Pakistan or Bangladesh at any time? Yes/ No If yes, give specific details:

5. (a) Whether the applicant (other than the minor child / children) has worked / is working in Armed Forces/Para­ military/Police/Security/Intelligence organizations? Yes/ No If yes, give specific details:

(b) Have you undergone compulsory military/police/home conscription/training in your native country? Yes/ No If yes, period of compulsory training:

(c) Are you still serving in armed / police forces beyond compulsory training period prescribed by rule in that country (Not applicable to a minor child)? Yes/ No

6. Date and method of acquisition of present nationality (By Birth / Descent / Registration /Naturalisation) Applicant’s Name Method of Acquisition of present nationality Date of Acquisition

7. Details of Family members/relatives who are staying in India, if any (for Indian reference only) Sl. No. Name Present address Relationship Age

8. Have you sought asylum (political or otherwise) in any country before applying for citizenship? Yes/No If Yes, please give full particulars/details:

9. Have you ever been convicted by Court of Law of any country? If Yes, please give full particulars/details:

Yes/ No

10. Have you ever been refused entry/deported by any country including India? If Yes, please give full particulars/details:

Yes/ No

11. Have you been associated with any organisation (Government or non-Government)/ Political Party/ Group accused of or guilty of any rights violation? Yes/ No If Yes, please give full particulars/details:

12. Have you ever been engaged in human trafficking/ drug trafficking/ child abuse/ crime against women/ Economic offense/ Financial Fraud ? Yes/ No If Yes, please give full particulars/details:

13. Have you ever been engaged in cyber crime/ terrorist activities/ sabotage/ espionage/ genocide/ political killing/ other acts of violence? Yes/No If Yes, please give full particulars/details:

14. Have you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to terrorist acts or other serious criminal acts ? Yes / No If Yes, please give full particulars/details:

15. Details of Criminal Proceedings against the applicant, if any, anywhere Sl. No. Applicant’s Name Date of Incidence Place of Incidence Nature of Incidence Outcome of criminal proceedings, if any

16. Whether applicant is -

(a) Currently under any investigation

(b) Wanted for questioning

(c) Facing charges for any offence in any country If Yes, please give details:

DECLARATION

1. (Name of the applicant) solemnly and sincerely declare that foregoing particulars stated on this application are true and I make this solemn declaration consciously believing the same to be true. In case the information is found to be false at any stage, I am liable for legal action/cancellation of registration as Overseas Citizen of India cardholder/deportation/ blacklisting or any other action as deemed fit by the Government of India. I have no objection to share the requested personal particulars for processing of Overseas Citizen of India card by the security agencies.

2. I shall not use the Overseas Citizen of India card for undertaking any TABLIGH activities in India. 3 . I shall not use the Overseas Citizen of India card for undertaking any missionary or mountaineering activities or Research in India without prior permission from the competent authority designated by the Government of India.

4. In the event of dissolution of marriage or marriage to another foreigner or death of Indian spouse, I shall surrender my card to the issuing authority or mission [ applicable to spouse based applications]. Date:

Place:

Signature of the Applicant *Application for Minor child I am a parent/ legal guardian**/ legal adoptee parent of ……………….. to whom the foregoing particulars relate. I hereby apply on behalf of my/ the child for his/ her registration as an Overseas Citizen of India Cardholder. Date:

Place: Signature of the Applicant * To be filled only for minor applicant ** In the case of legal guardian, enclose proof of guardianship *** In the case of legal adoptee parent, enclose legal adoption documents.”;

(i) for ‘Form XXXI’, the following ‘Form’ shall be substituted, namely:- “FORM XXXI [See rule 34(1)]

THE CITIZENSHIP RULES, 2009

DECLARATION OF THE RENUNCIATION OF THE CARD REGISTERING AS AN OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER SECTION 7C(1) OF THE CITIZENSHIP ACT, 1955 MADE BY AN

OVERSEAS CITIZEN OF INDIA CARDHOLDER

1. I, …………………….(here insert full name and address of declarant) am of full age and capacity and was born at ……………….. on …………………….

2. I am registered as an Overseas Citizen of India cardholder.

3. I hereby renounce my Overseas Citizen of India cardholder and surrender* the Certificate of registration

4. I,…………….. do solemnly and sincerely declare that the foregoing particulars stated in this declaration are true, and I make this solemn declaration conscientiously believing the same to be true. Made and subscribed this…………………day of………..20………….before me.

Particulars

1. Full Name…………………………………………………………….

4. Place and date of birth………………………………………….

6. Name of wife or husband………………………………………

7. Number and date of certificate of registration as an Overseas Citizen of India

8. Name and full particulars of minor children who are registered as Overseas Citizen of India cardholder if any………………………………… *Please attach original certificate of registration with the declaration. **Signature and designation of the officer of the designated authority specified under rule 34 of the Citizenship Rules, ANIL MALIK, Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number

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

G.S.R. 1168(E), dated the 23rd December, 2016.

and Published by the Controller of Publications, Delhi-110054. MANOJ Digitally signed by

MANOJ KUMAR

KUMAR VERMA

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