THE CITIZENSHIP (AMENDMENT) ACT, 2003

Sun Feb 27 2022 | Constitutional | Comments (0)

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Year : 2003

ACT.NO. 6 OF 2004
[7th January, 2004.]

 
An Act further to amend the Citizenship Act, 1955.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-

Section -1 Short title and commencement.

(1) This Act may be called the Citizenship (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision.

Section -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;.

Section -3 Substitution of new section for section 3.

For section 3 of the principal Act, the following section shall be substituted, namely:-

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.

Section -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 READ MORE

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