REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 83] NEW DELHI, SATURDAY, DECEMBER 7, 1985/AGRAHAYANA 16, 1907 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 1th December, 1985/Agrahayana 16, 1907 (Saka) The following Act of Parliament received the assent of the President on the 7th December, 1985, and is hereby published for general information:— THE CITIZENSHIP (AMENDMENT) ACT, 1985 No. 65 of 1985 [7thDecember, 1985] An Act further to amend the Citizenship Act, 1955.
Whereas for the purpose of giving effect to certain provisions of the Memorandum of Settlement relating to the foreigners' issue in Assam (Assam Accord) which was laid before the Houses of Parliament on the 16th day of August, 1985 it is necessary to amend the Citizenship Act, 1955;
Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows: —
1. (1) This Act may be called the Citizenship (Amendment) Act,
1985.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
( 1 ) Short title and commencement.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Insertion of newsection
6A.
Special provisions as to citizenship of persons covered by the Assam Accord.
2. In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), after section 6, the following section shall be inserted, namely: — "6A. (1) Fqr 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;
(b) "detected to be a foreigner" means detected to be a foreigner in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964 by a 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;
(d) a person shall be deemed to be of Indian origin, if he, or either of his parents or any of his grandparents was born in undivided India;
(e) a person shall be deemed to have been detected to be a foreigner on the date on which a Tribunal constituted under the Foreigners (Tribunals) Order, 1964 submits its opinion to the effect that he is a foreigner to the officer or authority concerned.
(2) Subject to the provisions of sub-sections (6), and (7), all persons of Indian origin who came before the 1st day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the 1st day of January, 1966.
(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who—
(a) came to Assam on or after the 1st day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and
(b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and
(c) has been detected to be a foreigner;
shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (hereafter in this sub-section referred to as the registering authority) as may be specified In such rules and if his name Is included in any electoral roll for any Assembly or Parliamentary constituency In force on the date of such detection, his name shall be deleted therefrom.
57 of 1MB.
31 of 1M6.
S»c. 1} THE GAZETTE OF INDIA EXTRAORDINARY 3
Explanation.—In the case of every person seeking registration under tliis 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 i£ 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 which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of India (including the right to obtain a passport under the Passports Act, 1967 and the obligations connected therewith), but shall not be entitled to have his name included in any electoral roll for any Assembly or Parliamentary constituency 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, a declaration that he does not wish to be a citizen of India, such person shall not be deemed to have become a citizen nf India under that sub-section;
(&) 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 subsection (3).
Explanation—Where a person required to file a declaration under this sub-section does not have the capacity to enter into a ,conti-ac,t, such declaration may be filed on hte behalf by any person 15 of 1967.
4 THB GAZETTE OF INDIA EXTRAORDINARY [PABT II—SEC. 1] Amendment of lection 18.
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, is a citizen of India;
(i>) who was expelled from India before the commencement of the Citizenship (Amendment) Act, 1985, under the Foreigners Act, 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.".
3. In section 18 of the principal Act, in sub-section (2), after clause
(e), the following clause shall be inserted, namely: — "(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (U) of section 6A shall be submitted and other matters connected with such declarations;".
V- o( 1946.
K. V. S. PERI SASTRI, Secy, to the Govt. of India, PRINTED BY THB GENERAL MANAGER, GOVERNMENT 01' INDIA. PRESS, MINTO BOAD, NEW DVLBX AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI 1 9 8 8