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The Citizenship (Amendment) Bill, 2019: S Passed BY OK Abha ON

The Citizenship (Amendment) Bill, 2019 amends the Citizenship Act, 1955 to make illegal migrants who are Hindu, Sikh, Buddhist, Jain, Parsi or Christian from Afghanistan, Bangladesh or Pakistan eligible for citizenship. Specifically, it inserts a proviso to section 2 to provide that such communities will not be treated as illegal migrants. It inserts a new section 6B to grant citizenship to such communities through registration or naturalization. It also amends the qualification period for naturalization for such communities from 11 years to 5 years.
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0% found this document useful (0 votes)
86 views4 pages

The Citizenship (Amendment) Bill, 2019: S Passed BY OK Abha ON

The Citizenship (Amendment) Bill, 2019 amends the Citizenship Act, 1955 to make illegal migrants who are Hindu, Sikh, Buddhist, Jain, Parsi or Christian from Afghanistan, Bangladesh or Pakistan eligible for citizenship. Specifically, it inserts a proviso to section 2 to provide that such communities will not be treated as illegal migrants. It inserts a new section 6B to grant citizenship to such communities through registration or naturalization. It also amends the qualification period for naturalization for such communities from 11 years to 5 years.
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1

AS PASSED BY LOK SABHA


ON 10.12.2019

Bill No. 370-C of 2019

THE CITIZENSHIP (AMENDMENT) BILL, 2019


A

BILL
further to amend the Citizenship Act, 1955.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Citizenship (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
5 in the Official Gazette, appoint.
2
Amendment 2. In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section 2, 57 of 1955.
of section 2. in sub-section (1), in clause (b), the following proviso shall be inserted, namely:—
"Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or
Christian community from Afghanistan, Bangladesh or Pakistan, who entered into
India on or before the 31st day of December, 2014 and who has been exempted by the 5
Central Government by or under clause (c) of sub-section (2) of section 3 of the
Passport (Entry into India) Act, 1920 or from the application of the provisions of the 34 of 1920.
Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as 31 of 1946.
illegal migrant for the purposes of this Act;".
Insertion of 3. After section 6A of the principal Act, the following section shall be inserted, 10
new section 6B. namely:—
Special '6B. (1) The Central Government or an authority specified by it in this behalf
provisions as may, subject to such conditions, restrictions and manner as may be prescribed, on an
to citizenship
of person
application made in this behalf, grant a certificate of registration or certificate of
covered by naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of 15
proviso to section 2.
clause (b) of
sub-section (1)
(2) Subject to fulfilment of the conditions specified in section 5 or the
of section 2. qualifications for naturalisation under the provisions of the Third Schedule, a
person granted the certificate of registration or certificate of naturalisation under
sub-section (1) shall be deemed to be a citizen of India from the date of his entry into 20
India.
(3) On and from the date of commencement of the Citizenship (Amendment)
Act, 2019, any proceeding pending against a person under this section in respect of
illegal migration or citizenship shall stand abated on conferment of citizenship to him:
Provided that such person shall not be disqualified for making application for 25
citizenship under this section on the ground that the proceeding is pending against
him and the Central Government or authority specified by it in this behalf shall not
reject his application on that ground if he is otherwise found qualified for grant of
citizenship under this section:
Provided further that the person who makes the application for citizenship 30
under this section shall not be deprived of his rights and privileges to which he was
entitled on the date of receipt of his application on the ground of making such
application.
(4) Nothing in this section shall apply to tribal area of Assam, Meghalaya,
Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the 35
area covered under "The Inner Line" notified under the Bengal Eastern Frontier
Regulation, 1873.'. Reg. 5 of 1873.

Amendment 4. In section 7D of the principal Act,—


of section 7D.
(i) after clause (d), the following clause shall be inserted, namely:—
"(da) the Overseas Citizen of India Cardholder has violated any of the 40
provisions of this Act or provisions of any other law for time being in force as
may be specified by the Central Government in the notification published in the
Official Gazette; or".
(ii) after clause (f), the following proviso shall be inserted, namely:—
"Provided that no order under this section shall be passed unless the 45
Overseas Citizen of India Cardholder has been given a reasonable opportunity
of being heard.".
Amendment 5. In section 18 of the principal Act, in sub-section (2), after clause (ee), the following
of section 18. clause shall be inserted, namely:—
"(eei) the conditions, restrictions and manner for granting certificate of 50
registration or certificate of naturalisation under sub-section (1) of section 6B;".
3
6. In the Third Schedule to the principal Act, in clause (d), the following proviso shall Amendment
be inserted, namely:— of Third
Schedule.
'Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or
Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of
5 residence or service of Government in India as required under this clause shall be
read as "not less than five years" in place of "not less than eleven years".'.
LOK SABHA

————

BILL
further to amend the Citizenship Act, 1955.

————

(As passed by Lok Sabha)

MGIPMRND—4256LS(S3)—09-12-2019.

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