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THE REPRESENTATION OF THE PEOPLE ACT, 1951

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An Act to provide for the conduct of elections to the Houses of

 Parliament  and  to the House or Houses  of the  Legislature  of  each

 State,  the qualifications and disqualifications for.  membership  of$

 those *1Houses, the corrupt 2* * * practices and other offences at  or

 in  connection  with  such elections and the decision  of  doubts  and

 disputes arising out of or in connection with such elections.

      BE it enacted by Parliament as follows:-

 PART-1

 PRELIMINARY

      1.Short  title. This Act may be called the Representation of  the

 People Act, 1951

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

 requires,-

           (a)  each  of the expressions defined in section 2  or  sub-

          section

                (1)of  section 27 of the Representation of  the  People

               Act  1950,  (43 of 1950.) but not defined in  this  Act,

               shall have the same meaning as in that Act.;

           (b)  "appropriate  authority"  means,  in  relation  to   an

          election  to the House of the People or the Council of States

               3* * * the Central  Government, and in  relation  to  an

               election   to   the   Legislative   Assembly   or    the

               Legislative Council of a State, the State Government;

           4[(bb) "chief electoral officer" means the officer appointed

                under  section 13A of the Representation of the  People

               Act, 1950 (43 of 1950),]

           (c) "corrupt practice" means any of the practices specified

          in section 123 5* * *;

           6[(cc)  "  district  election  officer"  means  the  officer

               designated  or nominated  under  section  13AA  of   the

               Representation of the People Act, 1950; (43 of 1950).]

 ---------------------------------------------------------------------

 1 Extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 3 and Sch I

 (w.e.f. 1-7-65).

 2 The words "and illegal" omitted by Act 27 of 1956, S. 2.

 3 Certain words omitted by Act 103 of 1956, S. 66.

 4 Ins. by Act 27 of 1956, s. 3.

 5 The words and figures" or section 124 " omitted by s. 3. ibid.

 6 Ins. by Act 47 of 1966 s, 15 (w.e.f. 14-12-1966)

          (d) "election " means an election to fill a seat or seats in

          either House of Parliament or in the House or either House of

          the Legislature of a State other than the State of Jammu  and

          Kashmir

           2[(e)"elector" in relation to a constituency means  a person

          whose  name  is entered in the electoral roll  of  that  con-

          stituency  for the time being in force and who is not subject

          to  any of the disqualifications mentioned in section  16  of

          the Representation of the People Act, 1950; (43 of 1950.)]

           4[(f)  "Political party" means an association or a  body  of

          individual  citizens of India registered with the    Election

          Commission as a political party under section 29A

           (g)  "prescribed" means prescribed by rules made under  this

          Act ;

            4    [(h) " public holiday " means any day which is a public

          holiday  for  the purposes of section 25  of  the  Negotiable

          Instruments Act, 1881 (26 of 1881.)

           6[(i)     ",sign  in relation to a person who is  unable  to

          write  his name means authenticate in such manner as  may  be

          prescribed

      (2)  For  the purposes of this Act, 9*   *    *  a  Parliamentary

 constituency,  an  Assembly constituency, a  Council  constituency,  a

 local  authorities$  constituency,  a graduates$  constituency  and  a

 teachers$  constituency shall each be treated as a constituency  of  a

 different class.

 1 The words "or in the electoral college of a Union territory" omitted

 by Act 58 of 1958, s. 14.

 2 Subs. by Act 27  of 1956, s. 3, for cl. (e).

 3 Cls.(f) (h) and (i) omitted by s. 3, ibid.

 4 Ins. by Act 47 of 1966, s. 15 (w.e.f. 14-12-1966).

 5  Cl. (j) re-lettered as cl. (h) by Act 27 of 1956, s. 3, omitted  by

 the Adaptation of Laws (No. 2) Order, 1956.

 6 Cls. (k) and (1) re-lettered as cls. (i) and (k) by Act 27 of  1956,

 s. 3.

 7 Cl. (j) ins. by s. 3, ibid., omitted by the Adaptation of Laws  (No.

 2) Order, 1956.

 8 Cl. (k) omitted by Act 47 of 1966, s. 15 (w.e.f. 14-12,1966).

 9 Certain words omitted by Act 103 of 1956, s. 66.

 10 Ins. by Act 1 of 1989, s.3 (w.e.f.15-6-1989).

 --------------------------------------------------------------------

      (3)  Any  requirement under this Act that a notification,  order,

 rule,  declaration,  notice or list issued or made  by  any  authority

 shall  be published in the Official Gazette, shall,  unless  otherwise

 expressly provided in this Act, be construed as a requirement that the

 notification, order, rule, declaration, notice or list shall-

                (a)  where  it  is  issued  or  made  by  the   Central

               Government, be published in the Gazette of India;

                (b)  where it is issued or made by a State  Government,

               be published in the Official Gazette of the State; and

                (c)  where it is issued or made by any other authority,

               be published in the Gazette of India if it relates to an

               election   to,  or  membership  of,  either   House   of

               Parliament  1*  * * and in the Official Gazette  of  the

               State if it relates to an election to, or membership of,

               the House or either House of the Legislature of a State

       (4) Where, under any of the provisions of this Act, anything  is

 to be prescribed, different provisions may be made for different cases

 or classes of cases

      3[(5) Any reference in this Act to a law which is not in force in

 the State of Jammu and   Kashmir shall, in relation to that State,  be

 construed as a reference to the corresponding law, if any, in force in

 that State.]

CHAPTER II

QUALIFICATION FOR MEMBERSHIP OF PARLIAMENT
5[3.Qualification for membership of the Council of states. A
person shall not be qualified to be chosen as a representative of any
State 6* * * or Union territory in the Council of States unless
---------------------------------------------------------------------

1 Certain words omitted by Act 103 of 1956, s. 66.
2 Sub-sections (5) and (7) omitted, and sub-section (6) re-numbered as
subsection (5) by Act 27 of 1956, s. 3.

3 Subs. by Act 47 of 1966, s. 15, for sub-section (5) (w.e.f. 14-12-
1966).
4 Subs. by s. 16, ibid., for the previous heading (w.e.f. 14-12-1966).

5 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for s. 3.

6 The words and brackets "(other than the State of Jammu and
Kashmir)". omitted by Act 47 of 1966, s. 17 (w.e.f. 14-12-1966).
---------------------------------------------------------------------

he is an elector for a Parliamentary constituency in that State or
territory.]

4.Qualification for membership of the House of the people. A
person shall not be qualified to be chosen to fill a seat in the House
of the People 1* * * unless-

(a) in the case of a seat reserved for the Scheduled
Castes in any State, he is a member of any of the
Scheduled Castes, whether of that State or of any other
State, and is an elector for any Parliamentary
constituency;

(b) in the case of a seat reserved for the Scheduled
Tribes in any State (other than those in the autonomous
districts of Assam), he is a member of any of the
Scheduled Tribes, whether of that State or of any other
State (excluding the tribal areas of Assam), and is an
elector for any Parliamentary constituency;

(c) in the case of a seat reserved for the Scheduled
Tribes in the autonomous districts of Assam, he is a
member of any of those Scheduled tribes and is an
elector for the Parliamentary constituency in which such
seat is reserved or for any other Parliamentary
constituency comprising any such autonomous district;
2***

3[(cc) in the case of the seat reserved for the
Scheduled Tribes in the Union territory of the
4[Lakshadweep], he is a member of any of those Scheduled
Tribes and is an elector for the Parliamentary
constituency of that Union territory; 5 * *].

6[(CCC) in the case of the seat allotted to the State
of Sikkim, he is an elect-or for the Parliamentary
constituency for Sikkim;]

(d) in the case of any other seat, he is an elector
for any Parliamentary constituency.

---------------------------------------------------------------------
1 Certain words omitted by Act 29 of 1975, s. 12 (w.e.f. 15-8-1975).

2 The word "and" omitted by Act 47 of 1966, s. 18 (w.e.f. 14-12-
1966).
3 Ins. by s. 18, ibid. (w.e.f. 14-12-1966).

4 Subs. by the Laccadive;, Minicoy and Amindivi Islands (Alteration of
Name) Adaptation of Laws Order, 1974, for "Laccadive, Minicoy and
Amindivi" (w.e.f. 1-11-1973).

5 The word "and" omitted by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-
1975).

6 Ins. by s. 2 and Sch., ibid. (w.ef. 9-9-1975).

CHAPTER II

QUALIFICATIONS FOR MEMBERSHIP OF STATE LEGISLATURES.

5.Qualifications for membership of a Legislative Assembly. A
person shall not be qualified to be chosen to fill a seat in the
Legislative Assembly of a State unless-

(a) in the case of a seat reserved for the Scheduled
Castes or for the Scheduled Tribes of that State, he is
a member of any of those castes or of those tribes, as
the case may be, and is an elector for any Assembly
constituency in that State ;

(b) in the case of a seat reserved for an autonomous
district of Assam, 1 *** he is a member of a 2
[Scheduled Tribe of any autonomous district] and is an
elector for the Assembly constituency in which such seat
or any other seat is reserved for that district ; and

3[Provided that for the period referred to in clause (2) of
article 371A, a person shall not be qualified to be chosen to fill any
seat allocated to the Tuensang district in the Legislative Assembly of
Nagaland unless he is a member of the regional council referred to in
that article.]

4[5A.5[(1)]Qualifications for membership of Legislative Assembly
of Sikkim. Notwithstanding anything contained in section 5, a person
shall not be qualified to be chosen to fill a seat in the Legislative
Assembly of Sikkim (deemed to be the Legislative Assembly of that
State duly constituted under the Constitution) unless-

(a) in the case of a seat reserved for Sikkimese of
Bhutia-Lepcha origin, he is a person either of Bhutia or
Lepcha origin and is an elector for any Assembly
constituency in the State other than the constituency
reserved for the Sanghas ;

(b) in the case of a seat reserved for Sikkimese of
Nepal origin he is a person of Nepali origin and is an
elector for an Assembly constituency in the State;

---------------------------------------------------------------------
1 Certain words omitted by the North-Eastern Areas (Reorganisation)
(Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972).

2 Subs. by Act 47 of 1966, s. 19, for "Scheduled Tribe of that
district" (w.e.f.14-12-1966).

3 Ins. by Act 27 of 1962, s. 11.

4 Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).
5 Renumbered by Act 8 of 1980, s..3 (w.e.f.1-9-1979).
---------------------------------------------------------------------

(c) in the case of a seat reserved for Scheduled
Castes, he is a member of any of the castes specified in
the Representation of Sikkim Subjects Act, 1974 and is
an elector for any Assembly constituency in the State;
and

(d) in the case of a seat reserved for Sanghas, he is
an elector of the Sangha constituency.]

1[(2) Notwithstanding anything contained in section 5, a person
shall not be qualified to be chosen to fill a seat in the Legislative
Assembly of the State of Sikkim, to be constituted at any time after
the commencement of the Representation of the People (Amendment) Act,
1980, (8 of 1980.) unless-

(a) in the case of a seat reserved for Sikkimese of
Bhutia-Lepcha origin, he is a person either of Bhutia or
Lepcha origin and is an elector for any assembly
constituency in the State other than the constituency
reserved for the Sanghas ;

(b) in the case of a seat reserved for the Scheduled
Castes, he is a member of any of those castes in the
State of Sikkim and is an elector for any assembly
constituency in the State:

(d) in the case of any other seat, he is an elector
for any assembly constituency in the State.

Explanation.-In this sub-section "Bhutia" includes Chumbipa, Dop-
thapa, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa and Yolmo.]

6.Qualification for membership of a Legislative Council. (1) A
person shall not be qualified to be chosen to fill a seat in the
Legislative Council of a State to be filled by election unless he is
an elector for any Assembly constituency in that State.

(2) A person shall not be qualified to be chosen to fill a seat
in the Legislative Council of a State to be filled by nomination by
the Governor 2* * * unless he is ordinarily resident in the State.
---------------------------------------------------------------------

1 Ins. by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).

2 The words "or the Rojpramukh, as the case may be" omitted by the
Adaptation of Laws (No. 2) Order, 1956

[CHAPTER III

DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE
LEGISLATURES

7.Definition. In this Chapter,-

(a) "appropriate Government" means in relation to any
disqualification for being chosen as or for being a
member of either House of Parliament, the Central
Government, and in relation to any disqualification for
being chosen as or for being a member of the Legislative
Assembly or Legislative Council of a State, the State
Government;

(b) "disqualified" means disqualified for being chosen
as, and for being, a member of either House of
Parliament or of the Legislative Assembly or Legislative
Council of a State..

8. Disqualification on conviction for certain offences. 5[(1) A
person convicted of an offence punishable under--

(a) section 153A (offence of promoting enmity between
different groups on ground of religion, race, place of birth,
residence, language, etc., and doing acts prejudicial to
maintenance of harmony) or section 171E (offence of bribery)
or section 171F (offence of undue influence or personation at
an election) or sub-section (1) or sub-section (2) of section
376 or section 376A or section 376B or section 376C or
section 376D (offences relating to rape) or section 498A
(offence of cruelty towards a woman by husband or relative of
a husband) or sub-section (2) or sub-section (3) of section
505 (offence of making statement creating or promoting
enmity, hatred or ill-will between classes or offence
relating to such statement in any place of worship or in any
assembly engaged in the performance of religious worship or
religious ceremonies) of the Indian Penal Code; or

(b) the Protection of Civil Rights Act, 1955 which
provides for punishment for the preaching and practice
of "untouchability", and for the enforcement of any
disability arising therefrom ; or

(d) sections 10 to 12 (offence of being a member of an
association declared unlawful, offence relating to
dealing with funds of an unlawful association or offence
relating to contravention of an order made in respect of
a notified place) of the Unlawful Activities
(Prevention) Act, 1967 (37 of 1967); or

(e) the Foreign Exchange (Regulation) Act, 1973
(76 of 1973); or

(f) the Narcotic Drugs and Psychotropic Substances Act,
1985 (61 of 1985); or

(g) section 3 (offence of committing terrorist acts) or
section 4 (offence of committing disruptive activities)
of the Terrorist and Disruptive Activities (Prevention )
Act, 1987 (28 of 1987); or

(h) section 7 (offence of contravention of the
provisions of sections 3 to 6) of the Religious
Institutions (Prevention of Misuse) Act, 1988
(41 of 1988); or

(i) section 125 (offence of promoting enmity between
classes in connection with the election) or section 135
(offence of removal of ballot papers from polling
stations) or section 135A (offence of booth capturing)
of clause (a) of sub-section (2) of section 136 (offence
of fraudulently defacing or fraudulently destroying any
nomination paper) of this Act; [or]

6["(j) section 6 (offence of conversion of a place of
worship) of the Places of Worship (Special Provisions)
Act, 1991,"] [or]7

7["(k) section 2 (offence of insulting the Indian
National Flag or the Constitution of India) or section 3
(offence of preventing singing of National Antham) of
the Prevention of Insults to National Honour Act, 1971
(69 of 1971);]

shall be disqualified for a period of six years from
the date of such conviction.

(2) A person convicted for the contravention of--

(a) any law providing for the prevention of hoarding or
profiteering; or

(b) any law relating to the adulteration of food or
drugs; or

(d) any provisions of the Commission of Sati
(Prevention) Act. 1987 (3 of 1988),

and sentenced to imprisonment for not less than six months, shall be
disqualified from the date of such conviction and shall continue to be
disqualified for a further period of six years since his release.

(3) A person convicted of any offence and sentenced to
imprisonment for not less than two years [other than any offence
referred to in sub-section (1) or sub-section (2)]shall be
disqualified form the date of such conviction and shall continue to be
disqualified for a further period of six years since his release.]

(4) Notwithstanding anything in sub-section (1),sub-section(2),or
sub-section (3)] a disqualification under either sub-section shall
not, in the case of a person who on the date of the conviction is a
member of Parliament or the Legislature of a State, take effect until
three months have elapsed

---------------------------------------------------------------------
1 Subs. by Act 47 of 1966, s, 20. for Chapter II (w.e.f. 14-12-1966).
Previous ss. 10 and 11 were rep. by Act 103 of 1956, s. 66.

2 Subs. by Act 35 of 1969, s. 5. for certain words.

3 Ins. by Act 106 of 1976 , s.21 ,(w.e.f.19-11-1976).

4 Ins. by Act 3 of 1988,s.19 (w.e.f.21-3-1988).

5 Subs. & renumbered by Act 1 of 1989 s.4 (w.e.f.15-3-1989).

6 Ins. by Act 42 of 1991, s.8 (w.e.f.18-9-1991).

7 Added & Ins. by Act 21 of 1996, s. 3 (w.e.f. 1-8-1996).

---------------------------------------------------------------------

from that date or, if within that period an appeal or application for
revision is brought in respect of the conviction or the sentence,
until that appeal or application is disposed of by the court.

Explanation.-In this section-,

(a) "law providing for the prevention of hoarding or
profiteering" means any law, or any order, rule or
notification having the force of law, providing for-

(i)the regulation of production or manufacture of any
essential commodity ;

(ii)the control of price at which any essential commo-
dity may be bought or sold ;

(iii)the regulation of acquisition, possession,
storage, transport, distribution, disposal, use or
consumption of any essential commodity;

(iv)the prohibition of the withholding from sale of any
essential commodity ordinarily kept for sale ;

(b) "drug" has the meaning assigned to it in the Durgs and
Cosmetics Act, 1940 (23 of 1940)

(d) "food" has the meaning assigned to it in the Prevention
of Food Adulteration Act, 1954.(37 of 1954)

1[8A. Disqualification on ground of corrupt practices. (1) The
case of every person found guilty of a corrupt practice by an order
under section 99 shall be submitted, as soon as may be after such
order takes effect, by such authority as the Central Government may
specify in this behalf, to the President for determination of the
question as to whether such person shall be disqualified and if so,
for what period:

Provided that the period for which any person may be disqualified
under this sub-section shall in no case exceed six years from the date
on which the order made in relation to him under section 99 takes
effect.

(2) Any person who stands disqualified under section 8A of this
Act as it stood immediately before the commencement of the Election
Laws (Amendment) Act, 1975, (40 of 1975) may, if the period of such
disqualification ha

not expired, submit a petition to the President for the removal of
such disqualification for the unexpired portion of the said period.

(3) Before giving his decision on any question mentioned in sub-
section (1) or on any petition submitted under sub-section (2), the
President shall obtain the opinion of the Election Commission on such
question or petition and shall act according to such opinion.]

9.Disqualification for dismissal for corruption or disloyalty. (1)
A person who having held an office under the Government of India or
under the Government of any State has been dismissed for corruption or
for disloyalty to the State shall be disqualified for a period of five
years from the date of such dismissal.

(2) For the purposes of sub-section (1), a certificate issued by
the Election Commission to the effect that a person having held office
under the Government of India or under the Government of a State, has
or has not been dismissed for corruption or for disloyalty to the
State shall be conclusive proof of that fact :

Provided that no certificate to the effect that a person has been
dismissed for corruption or for disloyalty to the State shall be
issued unless an opportunity of being- heard has been given to the
said person,

9A.Disqualification for Government contract, etc. A person shall
be disqualified if, and for so long as, there subsists a contract
entered into by him in the course of his trade or business with the
appropriate Government for the supply of goods to, or for the
execution of any works undertaken by, that Government.

Explanation.-For the purposes of this section, where a contract
has been fully performed by the person by whom it has been entered
into with the appropriate Government, the contract shall be deemed not
to subsist by reason only of the fact that the Government has not
performed its part of the contract either wholly or in partially.

10.Disqualification for office under Government company. A person
shall be disqualified if, and for so long as, he is a managing agent,
manager or secretary of any company or corporation (other than a co-
operative society) in the capital of which the appropriate Government
has not less than twenty-five per cent. share.

10A.Disqualification for failure to lodge account of election
expenses. If the Election Commission is satisfied that a person-

(a) has failed to lodge an account of election
expenses within the time and in the manner required by
or under this Act and (b) has no good reason or
justification for the failure,

the Election Commission shall, by order published in the Official
Gazette, declare him to be disqualified and any such person shall be
disqualified for a period of three years from the date of the order..

11.Removal or reduction of period of disqualification. The
Election Commission may, for reasons to be recorded, remove any
disqualification under this Chapter 1[(except under section 8A)] or
reduce the period of any such disqualification.

CHAPTER IV

DISQUALIFICATIONS FOR VOTING

11A.2[(1)] Disqualification arising out of conviction and corrupt
practices. If any person, after the commencement of this Act,-

3* * * is convicted of an offence punishable under section
171E or section 171F of the Indian Penal Code, or under
section 125 or section 135 or clause (a) of sub-section (2)
of section 136 of this Act, (45 of 1860.) 4* * *
5* * * * * *

he shall, for a period of six years from the date of the
conviction or from the date on which the order takes effect, be
disqualified for voting at any election.

6[(2) Any person disqualified by a decision of the President
under sub-section (1) of section 8A for any period shall be
disqualified for the same period for voting at any election.

(3) The decision of the President on a petition submitted by any
person under sub-section (2) of section 8A in respect of any
disqualification for being chosen as, and for being, a member of
either House of Parliament or of the Legislative Assembly or
Legislative Council of a
---------------------------------------------------------------------
1 Ins. by Act 40 of 1975, s. 3 (w.e.f. 6-8-1975).

2 Section 11A re-numbered as sub-section (1) thereof by s. 4, ibid.

3 The brackets and letter "(a)" omitted by Act 38 of 1978, s. 3 and
Second Schedule.

4 The word "or" omitted by s. 3 and Second Schedule, ibid.

5 Omitted by Act 40 of 1975, s. 4.

6 Ins. by s. 4, ibid.
State shall, so far as may be, apply in respect of the
disqualification for voting at any election incurred by him under
clause (b) of sub-section (1) of section 11A of this Act as it stood
immediately before the commencement of the Election Laws (Amendment)
Act, 1975, (40 of 1975.) as if such decision were a decision in
respect of the said disqualification for voting also.]

11B.Removal of Disqualifications. The Election Commission may,
for reasons to be recorded, remove 1[any disqualification under sub-
section (1) of section 11A].]
[PART III

NOTIFICATION OF GENERAL ELECTIONS

12.Notification for biennial election to the Council of States.
For the purpose of filling the seats of members of the Council of
States retiring on the expiration of their term of office the Presi-
dent shall, by one or more notifications published in the Gazette of
India on such date or dates as may be recommended by the Election
Commission, call upon the elected members of the Legislative Assembly
or, as the case may be, the members of the electoral college, of each
State concerned to elect members in accordance with the provisions of
this Act and of the rules and orders made thereunder :

Provided that no notification under this section shall be issued
more than three months prior to the date on which the term of office
of the retiring members is due to expire.

3[12A.Notification for election to fill the seat allotted to the
State of Sikkim in the Council States. For the purpose of, filling
for the first time the seat allotted to the State of Sikkim by the
Constitution (Thirty-sixth Amendment) Act, 1975 in the Council of
States, the President shall, by a notification published in the
Gazette of India, on such date as may be recommended by Election
Commission, call upon the elected members of the Legislative Assembly
of the State of Sikkim to elect a member in accordance with the
provisions of this Act and of the rules and orders made thereunder and
the election so held shall for all purposes and intent be deemed to
have been held under section 12.]

---------------------------------------------------------------------
1 Subs. by Act 40 of 1975, s. 5.

2 Subs. by Act 27 of 1956. s. 7. for Part III (ss. 12 to 18).

3 Ins. by Act 10 of 1976, S. 2 and Sch. (w.e.f. 9-9-1975).
---------------------------------------------------------------------

13.[Notification for reconstitution of electoral colleges for
certain Union territories.] Rep. by the Territorial Councils Act,
1956 (103 of 1956), s. 66.

14.(1)Notification for general election to the House of the
People. A general election shall be held for the purpose of con-
stituting a new House of the People on the expiration of the duration
of the existing House or on its dissolution.

(2)For the said purpose the President shall, by one or more noti-
fications published in the Gazette of India on such date or dates as
may be recommended by the Election Commission, call upon all
parliamentary constituencies to elect members in accordance with the
provisions of this Act and of the rules and orders made thereunder :

Provided that where a general election is held otherwise than on
the dissolution of the existing House of the People, no such
notification shall be issued at any time earlier than six months prior
to the date on which the duration of that House would expire under the
provisions of clause (2) of article 83.

1[14A.Notification for eltecing the representative of the State
of Sikkim to the existing House of the People. For the purpose of
electing a representative of the State of Sikkim to the House of the
People, specified in clause (e) article 371F of the Constitution, the
Election Commission shall call upon the members of the Legislative
Assembly of the State of Sikkim to elect the representative in
accordance with such of the provisions of this Act, and the rules and
orders made thereunder, as are applicable to the election of the
members of the Council of States.].

15. Notification for general election to a State Legislative
Assembly. (1) A general election shall be held for the purpose of
constituting a new Legislative Assembly on the expiration of the
duration of the existing Assembly or on its dissolution.

(2)For the said purpose, 2[the Governor or Administrator, as the
case may be], 3* * * shall, by one or more notifications published in
the Official Gazette of the State on such date or dates as may be
recommended by the Election Commission, call upon all Assembly con-
stituencies in the State to elect members in accordance with the
provisions of this Act and of the rules and orders made thereunder :

Provided that where a general election is held otherwise than on
the dissolution of the existing Legislative Assembly, no such
notification

---------------------------------------------------------------------
1 Ins. by Act 10 of 1976, s. 2 and Sch. (w.e.f. 9-9-1975).

2 Subs. by Act 20 of 1963, s. 57 and Sch. II, for "the Governor".

3The words "Rajpramukh, Lieutenant-Governor or Chief Commissioner. as
the case may be," omitted by the Adaptation of Laws (No. 2) Order
1956.
---------------------------------------------------------------------

shall be issued at any time earlier than six months prior to the date
on which the duration of that Assembly would expire under the
provisions of clause (1), of article 172 1 * * * 2 [or under the
provisions of section 5 of the Government of Union Territories Act,
1963, (20 of 1963.)as the case may be.]

3[15A. Notification for certain elections to Legislative
Councils. For the purpose of constituting the Legislative Council of
the State of Madhya Pradesh under the States Reorganisation Act, 1956
(37 of 1956.) and constituting the Legislative Council of the State of
Andhra Pradesh under the Legislative Councils Act, 1957, (37 of
1957.)the Governor of each of the aforesaid States shall, by one or
more notifications published in the Official Gazette of the State on
such date or dates as may be recommended by the Election Commission,
call upon the members of the Legislative Assembly of the State and all
the Council constituencies to elect members in accordance with the
provisions of this Act and of the rules and orders made thereunder.]

16.Notification for biennial election to a State Legislative
Council. For the purpose of filling the seats of members of the
Legislative Council of a State retiring on the expiration of their
term of office, the Governor 4 * * * shall, by one or more
notifications published in the Official Gazette of the State on such
date or dates as may be recommended by the Election Commission, call
upon the members of the Legislative Assembly of the State and all the
Council constituencies concerned to elect members in accordance with
the provisions of this Act and of the rules and orders made thereunder
:

Provided that no notification under this section shall be issued
more than three months prior to the date on which the term of office
of the retiring members is due to expire.]

PART IV

ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS
19.Definition.In this Part and in Part V, unless the context
otherwise requires, "constituency" means 5* * * a Parliamentary
constituency or an Assembly constituency or a Council constituency.
---------------------------------------------------------------------
1 The words "or under the provisions of section 5 of the Government of
Part C States Act, 1951 (49 of 1951), as the case may be" omitted by
the Adaptation of Laws (No. 2) Order, 1956.
2 ins. by Act 20 of 1963, s. 57 and Sch. II.
3 Ins. by Act 37 of 1957. s. 13.
4 The words "or Rajpramukh, as the case may be," omitted by the
Adaptation of Laws (No. 2) Order, 1956.
5 Certain words omitted by Act 103 of 1956, s. 66.
---------------------------------------------------------------------
52

1[19A.Delegation of functions of Election Commission. The
functions of the Election Commission under the Constitution, the
Representation of the People Act, 1950 (43 of 1950.) and this Act or
under the rules made thereunder may, subject to such general or
special directions, if any, as may be given by the Election Commission
in this behalf, be performed also by a Deputy Election Commissioner or
by the Secretary to the Election Commission.]

20.

General duties of chief electoral Officers.

2[20.General duties of chief electoral Officers. Subject to the
superintendence, direction and control of the Election Commission, the
chief electoral officer of each State shall supervise the conduct of
all elections in the State under this Act.
3[20A.(1)General duties of district election officer. Subject to
the superintendence, direction and control of the chief electoral
officer, the district election officer shall coordinate and supervise
all work in the district or in the area within his jurisdiction in
connection with, the conduct of all elections to Parliament and the
Legislature of the State.
(2) The district election officer shall also perform such other
functions as may be entrusted to him by the Election Commission and
the chief electoral officer.]
6[20B. (1) The Election Commission may nominate an Observer who
shall be an officer of Government to watch the conduct of elections in
a constituency or a group of constituencies and to perform such other
functions as may be entrusted to him by the Election Commission.
(2) The Observer nominated under sub-section (1) shall have the
power to direct the returning officer for the constituency or for any
of the constituencies for which he has been nominated, to stop the
counting of votes at any time before the declaration of the result or
not to declare the result if in the opinion of the Observer booth
capturing has taken place at a large number of polling stations or at
places fixed for the poll or counting of votes or any ballot papers
used at a polling station or at a place fixed for the poll are
unlawfully taken out of the custody of the returning officer or are
accidentally or intentionally destroyed or lost or are damaged or
tampered with to such an extent that the result of the poll at that
polling station or place cannot be ascertained.
(3) Where an Observer has directed the returning officer under
this section to stop counting of votes or not to declare the result,
the Observer shall forthwith report the matter to the Election
Commission shall, after taking all material circumstances into
account, issue appropriate directions under section 58A or section 64A
or section 66.
Explanation.- For the purposes of sub-section (2) and sub-section
(3), "Observer" shall include a Regional Commissioner or any such
officer of the Election Commission as has been assigned under this
section the duty of watching the conduct of election or elections in a
constituency or group of constituencies by the Commission.]

21.

Returning officers.

21.Returning officers. For every constituency, for every election
to fill a seat or seats in the Council of States and for every
election by the members of the Legislative Assembly of a State to fill
a seat or seats in the Legislative Council of the State, the Election
Commission shall, in consultation with the Government of the State,
designate or nominate a returning officer who shall be 4 [an officer
of Government or of a local authority] :
Provided that nothing in this section shall prevent the Election
Commission from designating or nominating the same person to be the
returning officer for more than one constituency.]

22.

Assistant returning officers.

22.Assistant returning officers. (1) The Election Commission may
appoint one or more persons to assist any returning officer in the
performance of his functions:
Provided that every such person shall be 5[an officer of
Government or of a local authority].

---------------------------------------------------------------------
1 Ins. by Act 47 of 1966, s. 21 (w.e.f. 14-12-1966).
2 Subs. by Act 27 of 1956, s. 9, for ss. 20 and 21.
3 Ins. by Act 47 of 1966, S. 22 (w.e.f. 14-12-1966).
4 Subs. by s. 23, ibid., for " an officer of Government "(w.e.f.
14-12-1966).
5 Subs. by s. 24, ibid., for "an officer of Government".
6 Ins. by Act 21 of 1996, s. 4 (w.e.f. 1-8-1996).
---------------------------------------------------------------------

(2)Every assistant returning officer shall, subject to the
control of the returning officer, be competent to perform all or any
of the functions of the returning officer :
Provided that no assistant returning officer shall perform any of
the functions of the returning officer which relate 1* * * to the
scrutiny of nominations 2* * * unless the returning officer is
unavoidably prevented from performing the said function.

23.

Returning officer to include assistant returning officers performingthe
functions of the returning officer.

23.Returning officer to include assistant returning officers
performing the functions of the returning officer. References in
-this Act to the returning officer shall, unless the context otherwise
requires, be deemed to include an assistant returning officer
performing any function which he is authorised to perform under sub-
section (2) of section 22.

24.

General duty of returning officer.

24.General duty of returning officer. It shall be the general
duty of the returning officer at any election to do all such acts and
things as may be necessary for effectually conducting the election in
the manner provided by this Act and rules or orders made thereunder.

25.

Provision of polling stations for constituencies.

3[25.Provision of polling stations for constituencies. The
district, election officer shall, with the previous approval of the
Election Commission, provide a sufficient number of polling stations
for every constituency the whole or greater part of which lies within
his jurisdiction, and shall publish, in such manner as the Election
Commission may direct, a list showing the polling stations so
provided and the polling areas or groups of voters for which they have
respectively been provided.]

26.Appointment of presiding officers of polling stations. (1) The
4[district election officer] shall appoint a presiding office for each
polling station and such polling officer or officers as he think
necessary, but he shall not appoint any person who has been employed
by or on behalf of, or has been otherwise working for, a candidate in
or about the election
Provided that if a polling officer is absent from the polling
station, the presiding officer may appoint any person who is present
at the polling
---------------------------------------------------------------------
1 The words "to the acceptance of a nomination paper or" omitted by
Act 27 of 1956, s. 10.
2 The words "or to the counting of votes" omitted by s. 10, ibid.
3 Subs. by Act 47 of 1966, s. 25, for s. 25 (w.e.f. 14-12-1966).
4 Subs. by s. 26, ibid., for "returning officer" (w.e.f. 14-12-1966).
---------------------------------------------------------------------
54

station other than a person who has been employed by or on behalf of,
or has been otherwise working for, a candidate in or about the
election, to be the polling officer during the absence of the former
officer, and inform the 1[district election officer] accordingly :
2[Provided further that nothing in this sub-section shall prevent
the 1[district election officer] from appointing the same person to be
the presiding officer for more than one polling station in the same
premises.]
(2) A polling officer shall, if so directed by the presiding
officer, perform all or any of the functions of a presiding officer
under this Act or any rules or orders made thereunder.
(3) If the presiding officer, owing to illness or other
unavoidable cause, is obliged to absent himself from the polling
station, his functions shall be performed by such polling officer as
has been previously authorized by the 1[district election officer] to
perform such functions during any such absence.
(4) References in this Act to the presiding officer shall, unless
the context otherwise requires, be deemed to include any person
performing any function which he is authorized to perform under sub-
section (2) or sub-section (3), as the case may be.
3[(5) Any reference to a district election officer in section 25
and in this section shall, in relation to a constituency in a Union
territory, be construed as a reference to the returning officer for
that constituency.

27. General duty of the presiding officer. It shall be the
general duty of the presiding officer at a polling station to keep
order thereat and to see that the poll is fairly taken.

28. Duties of a polling officer. It shall be the duty of the
polling officers at a polling station to assist the presiding officer
for such station in the performance of his functions.
[28A. Returning officer, presiding officer, etc., deemed to be on
deputation to Election Commission. The returning officer, assistant
returning officer, presiding officer, polling officer, and any other
officer appointed under this Part, and. any police officer designated
for the time being by the State Government, for the conduct of any
election shall be deemed to be on deputation to the Election
Commission for the period commencing on and from the date of the
notification calling for such election and ending with the date of
declaration of the results of such election and accordingly, such
officers shall, during that period, be subject to the control,
superintendence and discipline of the Election Commission.]

29. Special provisions in the case of certain elections. (1) The
returning officer for an election 4 * * * to fill a seat or seats in
the Council of States or for an election by the members of the
Legislative Assembly of a State to fill a seat or seats in the
Legislative Council of the State shall, with the previous approval of
the Election Commission, fix the place at which the poll will be taken
for such
----------------------------------------------------------------------
1. Subs. by Act 47 of 1966, s.26, for "returning officer" (w.e.f.
14-12-1966.)
2. Ins. by Act 27 of 1956, s.12.
3. Ins. by Act 47 of 1966, s.26 (w.e.f. 14-12-1966.)
4. The words and brackets "(other than1. 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

Legal India — Wed, 03 Jun 2009 19:08:34 +0000

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.

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.

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.

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.”.

Omission of Fourth Schedule.

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

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

Legal India — Wed, 03 Jun 2009 19:05:46 +0000

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

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.]

Legal India — Wed, 03 Jun 2009 18:59:12 +0000

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.”;

(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).”. —-