O पाकिस्तान,अफगानिस्तान,बांग्लादेश के गैर मुस्लिम शरणर्थियों को मिलेगी नागरिकता O फिलहाल किसी की नहीं छिनेगी नागरिकता नई दिल्ली छत्तीसगढ़. ...
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नई दिल्ली छत्तीसगढ़.
असल बात news.
देश में नागरिकता संशोधन कानून The Citizenship (Amendment) Rules लागू हो गया है. बहुत पहले से अटकलें लगाई जा रहे थे कि लोकसभा चुनाव के पहले इस कानून को लागू किया जा सकता है. भारत शासन के राष्ट्रीय राजपत्र में प्रकाशित होने के साथ यह कानून देश में लागू हो गया है. इस कानून में देश की नागरिकता देने के संबंध में कई आमूल चूल परिवर्तन किए गए हैं.
10A.
persons eligible under section 6B.- (1) An application from a person eligible under
section 6B, for grant of citizenship by registration or naturalisation, shall not be
entertained unlessApplication for grant of citizenship by registration or naturalisation by
the application from a person of Indian origin for registration as a citizen
of India fulfilling the conditions under clause (a) of sub-section (1) of
section 5, is submitted in Form IIA and is in accordance with rule 4
except clauses (a) and (b) of the said rule; or
(a)
(b)
the application from a person who is married to a citizen of India, for
registration as a citizen of India fulfilling the conditions under clause (c)
of sub-section (1) of section 5, is submitted in Form IIIA and is in
accordance with rule 5 except clauses (a) and (b) of sub-rule (1) of the
said rule; or
c)
the application from a person who is a minor child of a person who is
a citizen of India, for registration as a citizen of India fulfilling the
conditions under clause (d) of sub-section (1) of section 5, is submitted
in Form IVA and is in accordance with rule 6 except clause (a) of the
said rule; or
(d)
the application from a person whose parents are registered as citizens
of India, for registration as a citizen of India fulfilling the conditions
under clause (e) of sub-section (1) of section 5, is submitted in Form
VA and is in accordance with rule 7 except clauses (a) and (b) of the
said rule; or
(e)
the application from a person who or either of his parents was a citizen
of Independent India, for registration as a citizen of India fulfilling the
conditions under clause (f) of sub-section (1) of section 5, is submitted
in Form VIA and is in accordance with rule 8 except clauses (a) and
(b) of the said rule; or
(f)
the application from a person who is registered as an Overseas Citizen
of India Cardholder, for registration as a citizen of India fulfilling the
conditions under clause (g) of sub-section (1) of section 5, is submitted
in Form VIIA and is in accordance with rule 9 except clauses (a) and
(b) of the said rule; or
(g)
the application from a person for grant of citizenship by naturalisation
fulfilling the qualifications for naturalisation under the provisions of
the Third Schedule, is submitted in Form VIIIA which includes-
(i) an affidavit verifying the correctness of the statements made in
the application along with an affidavit from an Indian citizen
testifying the character of the applicant; and
(ii) a declaration from the applicant that he has adequate
knowledge of one of the languages as specified in the Eighth
Schedule to the Constitution.
Explanation.—The applicant shall be considered to have adequate
knowledge of the concerned language if he can speak or read or write
that language.
(2)
Every application made by the applicant under sub-rule (1) shall have a
declaration to the effect that the citizenship of his country shall stand renounced
irrevocably in the event of his application being approved and that he shall not raise any
claim on it in future.
)
Every application made under this rule shall be accompanied by –
(a) a copy of any one of the documents specified in Schedule IA;
(b) a copy of any one of the documents specified in Schedule IB; and
(c) an affidavit in format specified in Schedule IC. ”.
3.
In the said rules, after rule 11, the following rule shall be inserted, namely:-
“11A. Authority to which application may be made by a person applying
under section 6B.- (1) An application for registration or naturalisation under
section 6B shall be submitted by the applicant in electronic form to the
Empowered Committee through the District Level Committee as may be
notified by the Central Government.
(2) On submission of the application, an acknowledgment in Form IX shall
be generated electronically.
(3) The District Level Committee headed by Designated Officer, as may be
specified, shall verify the documents submitted by the applicant along with the
application.
(4) The Designated Officer shall administer to the applicant the oath of
allegiance as specified in the Second Schedule to the Citizenship Act, 1955
(57 of 1955) and thereafter, sign the oath of allegiance and forward the same
in electronic form along with confirmation regarding verification of
documents to the Empowered Committee.
(5) In case an applicant fails to appear in person to subscribe the application
and take oath of allegiance despite giving reasonable opportunities, the District
Level Committee shall forward such application to Empowered Committee for
consideration of refusal.”.
4. In the said rules, after rule 13, the following rule shall be inserted, namely:-
“13A. Scrutiny of applications by Empowered Committee. - (1) The Empowered Committee referred to in rule 11A may scrutinise the application
for grant of citizenship by registration or naturalisation submitted by an
applicant under section 6B to ensure that the application is complete in all
respects and that the applicant satisfies all the conditions laid down in section
6B.
(2) On being satisfied after making such inquiry as it considers necessary for
ascertaining the suitability of the applicant that he is a fit and proper person to
be registered or naturalised, as the case may be, the Empowered Committee
may grant him the citizenship of India.”.
5.
In the said rules, in rule 14, after sub-rule (2), the following sub-rules shall be
inserted, namely: -
“(2A) Every person who is registered as a citizen of India under section 6B
shall be issued a digital certificate of registration in Form XA or XIA, as the
case may be.
(2B) Hard copy of the certificate of registration shall be issued to the applicant
in case he opts for the same.
(2C) The certificate shall be digitally signed or signed by the Chairman of
Empowered Committee.”.
6. In the said rules, in rule 15, after sub-rule (1), the following sub-rules shall be
inserted, namely: -
“(1A) Every person who by naturalisation is made a citizen of India under
section 6B shall be issued a digital certificate of naturalisation in Form XIIA.
(1B) Hard copy of the certificate of naturalisation shall be issued to the
applicant in case he opts for the same.
(1C) The certificate shall be digitally signed or signed by the Chairman of
Empowered Committee.”.
7.
In the said rules, in rule 17, -
i)
in clause (a), after the word and figure “section 5”, the words, figure
and letter “or section 6B” shall be inserted;
(ii)
in clause (b), after the word and figure “section 5”, the words, figure
and letter “or section 6B” shall be inserted;
(iii)
in clause (c), after the word and figure “section 5”, the words, figure
and letter “or section 6B” shall be inserted;
(iv)
in clause (d), after the word and figure “section 5”, the words, figure
and letter “or section 6B” shall be inserted;
(v)
in clause (e), after the word and figure “section 6”, the words, figure
and letter “or section 6B” shall be inserted;
8.
In the said rules, in rule 38, after sub-rule (2), following sub-rule shall be inserted,
namely:-
“(3) In case of an application submitted under section 6B, the oath of
allegiance required by sub-section (2) of section 5 or sub-section (2) of
section 6 shall be of no effect, unless it is signed in the presence of, or
administered by the Designated Officer as specified in rule 11A.”.
9.
In the said rules, in Schedule I, -
(i)
after Form II, the following Form shall be inserted, namely:-
“FORM IIA
[See rule 10A(1)(a)]
The Citizenship Rules, 2009
APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA
UNDER SECTION 6B OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON
OF INDIAN ORIGIN FULFILLING THE CONDITIONS UNDER SECTION 5(1)(a)
OF THE ACT
Note: Please write/print in BLOCK LETTERS
PART I
PHOTOGRAPH
. I, ……………………………………. (mention full name) resident of (with Tehsil,
District, State and Country) ……………………………………………… of full age and
capacity and was born at (with Tehsil, District, State and
Country)………………………………………………………….……..
on………………and am a citizen of …………………………………….
2. My father’s full name is ……………………………………………and he was born at
(with Tehsil, District, State and Country) ……………………..on……………………and
he is a citizen of………………………………………………………………………...
3. My mother’s full name is ………………………………… and she was born at (with
Tehsil, District, State and Country)………………….. on………………and she is a
citizen of……………………………………..
4. My wife’s/husband’s full name is ………………………. and he/she was born at (with
Tehsil, District, State and Country)…………………on…………………….and he/she is
a citizen of………………………………………………………………………..
5. Details of residence in India:
(a) Date of entry into India ……………………..
(b) I have resided in India continuously for a period of
12 months immediately preceding the date of
application
Yes/No
(c) During the eight years immediately preceding the
said period of twelve months, I have resided in
India for period amounting in the aggregate to not
less than six years
Yes/No
(d) Details with address of residence in India for the last nine years
S.No. Details with address of residence
in India for the last nine years
From
To
Years
Months
1
2
3
4
5
6.
(a)
Sex:………………….
(b) Occupation :……………………………….
(c)
If in service, address of employer:………………………………….
(d)
Mark of identification: ………………………………………………
7. Please specify which of the minority community from Afghanistan, Bangladesh
and Pakistan, you belong to namely, Hindu, Sikhs, Buddhists, Jains, Parsis and
Christians………………………………………………
8.
Passport particulars: (if available)
a) Country:……………………
(b) Number: …………………………..
9.
Visa valid up to (if available):….……………………………………………………..
10.
Details of family members who are staying in India with the applicant:
S.No. Name
Present
Address
Relationship
Age
1
2
3
4
5
11.
Details of criminal proceedings, if any:
S.No.
Nature of the
criminal
proceedings
Date and place of
registering the case
Present
status of the
case
Judgment
of the court
1
2
3
4
5
12. I have/have not previously renounced or been deprived of the citizenship of India.
(If the applicant has renounced his Indian citizenship, here state the date on which the
declaration of renunciation was made; or if he has been deprived of his citizenship, state
the date on which and the authority by whom, the order of deprivation was made.)
13. I have/have not previously applied for registration as a citizen of India and the
application has/has not been rejected.
14. I hereby declare that my intention is to make India as permanent home and I undertake
that the citizenship of my country shall stand renounced irrevocably in the event of my
application being approved and that I shall not raise any claim on it in future.
15. I,………..
do solemnly and sincerely declare that the foregoing particulars, stated
in this application are true and I make this solemn declaration conscientiously believing
the same to be true.
Date: ……………. Signature of
applicant:………………..
Made and subscribed this ……..day ……………of ……………20…… before me.
*Signature………………………
*Designation…………
Oath of Allegiance
I,
..........................................................................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 fulfill my duties as a citizen of India.
Signature of applicant.......................
Affirmed/Sworn and subscribed this ….date of …… ..............20….
before
me.
*Signature……..
*Designation…….
*Signature and designation of the officer authorized under rule 38 of the Citizenship
Rules, 2009,
(This Form complete in all respects shall be submitted to the designated officer under
rule 11A within whose jurisdiction the applicant is ordinarily resident for
transmission to the Empowered Committee as specified in rule 11A)
DOCUMENTS TO BE ATTACHED WITH THE APPLICATION BY THE
APPLICANT
1. A copy of any one of the document in Schedule 1A
2. A copy of any one of the document in Schedule 1B
3. An Affidavit in format as in Schedule 1C
4. A copy of the valid or expired Foreign Passport, if available
5. A copy of the valid or expired Residential Permit, if available
6. Evidence of the date of birth of the parents viz. a copy of the passport or birth
certificate. In case of non-availability of passport of mother/ father, birth
certificate of the applicant clearly indicating the name, address and nationality
of mother/ father.”;
(ii) after Form III, the following Form shall be inserted, namely:-
“FORM III A
[See rule 10A(1)(b)]
The Citizenship Rules, 2009
APPLICATION FOR REGISTRATION AS A CITIZEN OF INDIA UNDER
SECTION 6B OF THE CITIZENSHIP ACT, 1955 MADE BY A
............
बिना लाग-लपेट, खबरों की तह तक
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