Preliminary .

In exercise of the powers conferred by section 18 of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby makes the following rules, namely:--

R.1 Short title and commencement

1. Short title and commencement—(1) These rules may be called the Citizenship Rules, 2009.

(2) They shall come into force on the date of their publication in the Official Gazette.

R.2 Definitions

2. Definitions—In these rules, unless the context otherwise requires,--

(a) "Collector" means the officer-in-charge of the revenue administration of a district and includes a Deputy Commissioner or District Magistrate, wherever so functioning;

(b) "Form" means a Form appended to Schedule I to these rules;

(c) "Schedule" means a Schedule annexed to these rules;

R.3 Application for registration of birth under section 4

3. Application for registration of birth under section 4—A person may submit an application for registration of birth of his minor child born outside India in terms of sub-section (1) of section 4 in Form I to the Indian consulate in the country, where such child was born, together with a declaration that the child does not hold the passport of any other country.

R.4 Application for registration under clause (a) of sub-section (1) of section 5

4. Application for registration under clause (a) of sub-section (1) of section 5—An application from a person of Indian origin for registration as a citizen of India under clause (a) of sub-section (1) of section 5 shall not be entertained unless--

(a) the application is made in Form II;

(b) he gives an undertaking in writing that he shall renounce the citizenship of his country in the event of his application being sanctioned;

5. Application for registration under clause (c) of sub-section (1) of section 5—(1) An application from a person, who is married to a citizen of India, for registra-tion as a citizen of India under clause (c) of sub-section (1) of section 5 shall not be entertained unless--

(a) the application is made in Form III;

(b) he gives an undertaking in writing that he shall renounce the citizenship of his country in the event of his application bei

R.6 Application for registration under clause (d) of sub-section (1) of section 5

6. Application for registration under clause (d) of sub-section (1) of section 5—An application for registration as a citizen of India under clause (d) of sub-section (1) of section 5, for a minor child of a person who is a citizen of India, shall not be entertained unless--

(a) the application is made in Form IV; and

(b) the parent of such minor child declares that he is the legal guardian of the child.

R.7 Application for registration under clause (e) of sub-section (1) of section 5

7. Application for registration under clause (e) of sub-section (1) of section 5—An application from a person for registration as citizen of India under clause (e) of sub-section (1) of section 5 shall not be entertained unless--

(a) the application is made in Form V;

(b) he gives an undertaking in writing that he shall renounce the citizenship of his country in the event of his application being sanctioned; and

8. Application for registration under clause (f) of sub-section (1) of section 5—An application from a person for registration as a citizen of India under clause (f) of sub-section (1) of section 5 shall not be entertained unless--

(a) the application is made in Form VI;

(b) he gives an undertaking that he shall renounce the citizenship of his country in the event of his application being sanctioned;

9. Application for registration under clause (g) of sub-section (1) of section 5—An application from a person registered as an [Overseas Citizen of India cardholder], for registration as a citizen of India under clause (g) of sub-section (1) of section 5, shall not be entertained unless--

(a) the application is made in Form VII;

(b) he gives an undertaking in writing that he shall renounce the citizenship of his country in the event of his a

R.10 Application for grant of citizenship by naturalisation under sub-section (1) of section 6

10. Application for grant of citizenship by naturalisation under sub-section (1) of section 6—

An application from a person for naturalisation as a citizen of India under sub-section (1) of section 6 shall not be entertained unless--

(a) the application is made in Form VIII;

(b) he gives an undertaking in writing that he shall renounce the citizenship of his country in the event of his app

R.11 Authority to which application may be made

11. Authority to which application may be made—(1) An application for registration under section 5 or naturalisation under section 6 shall be made to the Collector within whose jurisdiction the applicant is ordinarily resident.

(2) On the receipt of the application, the Collector shall issue an acknowledgement in Form IX.

(3) On being satisfied about the correctness of the particulars of application and before forwarding the application to

R.12 Forwarding of applications to Central Government

12. Forwarding of applications to Central Government—(1) The Collector shall forward every application received by him under clauses (a) , (c) , (d) , (e) , (f) and (g) of sub-section (1) of section 5 or sub-section (1) of section 6 to the State Government or the Union territory Administration, as the case may be, within a period of sixty days from the date of its receipt, along with a report as to whether the applicant--

(a) satisfies all the conditions laid down in the relevant clauses of

R.13 Scrutiny of applications by Central Government

13. Scrutiny of applications by Central Government—The Central Government may,--

(a) on receipt of the applications from the State Government or the Union territory Administration, as the case may be, complete in all respects; and

(b) 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,

R.14 Grant of certificate of registration

14. Grant of certificate of registration—(1) Every person who is registered as a citizen of India under clause (a) , (c) , (d) , (e) or (f) of sub-section (1) of section 5 shall be issued a certificate of registration in Form X signed by an officer not below the rank of Under Secretary to the Government of India.

(2) Every person who is registered as a citizen of India under clause (g) of sub-section (1) of section 5 shall be issued a certificate of registration in Form XI signed by an offic

R.15 Grant of certificate of naturalisation

15. Grant of certificate of naturalisation—(1) Every person who by naturalisation is made a citizen of India under sub-section (1) of section 6, shall be issued a certificate of naturalisation in Form XII signed by an officer not below the rank of Under Secretary to the Government of India.

(2) A copy of the certificate of naturalisation issued under this rule, shall be preserved for the purposes of record by the issuing authority.

R.16 Oath of allegiance for naturalisation

16. Oath of allegiance for naturalisation—(1) The oath of allegiance, under sub-section (2) of section 6 by a person to whom the certificate of naturalisation is granted, shall be subscribed in Form XII and the oath of allegiance so subscribed shall be endorsed on the certificate of naturalisation to which it relates.

(2) The oath of allegiance under sub-rule (1) shall be subscribed within a period of three months from the date of grant of certificate of naturalisation to which it relates, o

R.17 Register of citizens

17. Register of citizens—The Central Government shall maintain a register containing the names and other details of the persons registered or naturalised as citizen of India--

(a) under clauses (a) , (e) and (f) of sub-section (1) of section 5, in Form XIII;

(b) under clause (c) of sub-section (1) of section 5, in Form XIV;

(c) under clause (d) of sub-section (1) of section 5, in Form XV;<

R.18 Maintenance of registers and connected papers

18. Maintenance of registers and connected papers—(1) Every entry made in the register maintained under rule 17 shall be numbered consecutively and each entry shall relate to one person only.

(2) Every entry made in the register maintained under rule 17 shall be authenticated by the officer authorised to issue the certificate after a person is registered or as the case may be, naturalised as a citizen of India.

(3) The register, all applica

R.19 Registering authority for the purpose of sub-section (3) of section 6-A and form for registration

19. Registering authority for the purpose of sub-section (3) of section 6-A and form for registration—(1) The Central Government may, for the purposes of sub-section (3) of section 6-A, appoint an officer not below the rank of Additional District Magistrate as the registering authority for every district of the State of Assam.

[(2) An application for registration under sub-section (3) of section 6A shall be made in Form XVIII, by the person to the registering authority for the district in wh

R.20 Reference to Tribunals

20. Reference to Tribunals—Where, in case of a person seeking registration under sub-section (3) of section 6-A,--

(a) any question arises as to whether such person fulfils any requirement contained in the said sub-section; or

(b) the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 in relation to such person does not contain a finding with respect to any requirement contained in the said sub-section other th

R.21 Jurisdiction of Tribunal

21. Jurisdiction of Tribunal—The Tribunal constituted under the Foreigners (Tribunals) Order, 1964 having jurisdiction over a district or part thereof in the State of Assam shall have jurisdiction to decide references, received from the registering authority of that district or part thereof in relation to all references made under sub-section (3) of section 6-A.

R.22 Declaration under sub-section (6) of section 6-A

22. Declaration under sub-section (6) of section 6-A—The declaration under sub-section (6) of section 6-A shall be made in Form XXI to the District Magistrate of the area within whose jurisdiction such person is ordinarily resident.

R.23 Declaration of renunciation of citizenship

23. Declaration of renunciation of citizenship—(1) A declaration of renunciation of citizenship of India under sub-section (1) of section 8 shall be made in Form XXII, and shall state--

(a) under which provisions of law, the applicant is an Indian citizen; and

(b) the circumstances in which the applicant intends to acquire foreign citizenship.

(2) On receipt of the declaration of

R.24 Declaration of intention to resume Indian citizenship

24. Declaration of intention to resume Indian citizenship—(1) A declaration of intention to resume citizenship under the proviso to sub-section (2) of section 8 shall be made in Form XXV, within a period of one year of attaining the full age and the oath of allegiance as specified in the Second Schedule to the Citizenship Act shall be subscribed and duly attested.

(2) Every such declaration shall be registered in the Ministry of Home Affairs, Government of India.

R.25 Notice to be given before deprivation of citizenship

25. Notice to be given before deprivation of citizenship—(1) When it is decided to make an order under section 10 depriving a person of his citizenship of India, a notice under sub-section (4) of that section shall be given--

(a) in a case where the person's whereabouts is known, by causing the notice to be delivered to him personally or by sending it to him by post; or

(b) in a case where the person's whereabouts is not known, by sending i

R.26 Committee to follow procedure specified in Schedule II in holding inquiry

26. Committee to follow procedure specified in Schedule II in holding inquiry—A Committee of Inquiry appointed under section 10 shall, while holding the inquiry under sub-section (6) of that section, follow the procedure laid down in Schedule II.

R.27 Order depriving a person of citizenship of India to be published

27. Order depriving a person of citizenship of India to be published—Every order made under section 10, depriving a person of the citizenship of India, shall be published in the Official Gazette.

R.28 Surrender and cancellation of certificate in case of deprivation of citizenship

28. Surrender and cancellation of certificate in case of deprivation of citizenship—(1) Where an order has been made depriving a person registered or naturalised in India of his citizenship of India, the person so deprived or any other person in possession of the certificate of registration or naturalisation shall, when required by notice in writing given by the Central Government, deliver the said certificate to such person and within such period as may be specified in the notice.

(2) On th

R.29 Application for registration under section 7-A

29. Application for registration under section 7-A—(1) An application for registration as an [Overseas Citizen of India cardholder]under section 7-A shall be made in Form XXVIII.

(2) A family consisting of a spouse and upto two minor children may apply in the same Form.

[* * * * * *]

R.31 Authority to which applications are to be made

31. Authority to which applications are to be made—An application under rule 29 [* * * * * *]shall be made in duplicate--

[(a) in India--

(i) to the Foreigners Regional Registration Officer (FRRO) as may be specified by the Central Government; or

(ii) to the Foreigners Division, Ministry of Home Affairs;]

(b) outside India--

R.32 Scrutiny of applications

32. Scrutiny of applications—(1) The Central Government may, after a preliminary inquiry and on being apparently satisfied that there is no adverse information available against the applicant, register the person as an [Overseas Citizen of India cardholder]as soon as possible but not later than a period of thirty days and the case shall be placed for post verification of the antecedents.

[(1-A) In the case of a person referred to in clause (d) of sub-section (1) of section 7A of the Citizens

R.33 Certificate of registration and maintenance of register or persons under section 7-A

33. Certificate of registration and maintenance of register or persons under section 7-A—(1) Every person, who is registered as an [Overseas Citizen of India cardholder]under section 7-A shall be issued a certificate of registration in Form XXIX, signed by an officer not below the rank of Under Secretary to the Government of India.

(2) A copy of the certificate of [Overseas Citizen of India cardholder] issued under this rule, shall be preserved for the purposes of record by the issuing autho

R.34 Declaration of renunciation of Overseas Citizen of India card

[34. Declaration of renunciation of Overseas Citizen of India card - (1) A declaration of renunciation of the card registering a person as an Overseas Citizen of India cardholder under section 7C shall be made in Form XXXI, accompanied with the original certificate of registration of Overseas Citizen of India cardholder, to the concerned Indian Mission or Post or the Ministry of Home Affairs, Government of India, who in turn, shall forward the same to the authority which issued the said certificate of registration.

35. Cancellation of registration as [Overseas Citizen of India cardholder]—(1) Where an order has been made cancelling the registration as an [Overseas Citizen of India cardholder]of India, the person whose registration has been cancelled or any other person in possession of the certificate of registration shall, when required by notice in writing by the Central Government, deliver the said certificate to such person and within such period as may be specified in the notice.

(2) On the certif

R.36 Variation in Form of application or declaration

36. Variation in Form of application or declaration—Where a person wishes to make an application or declaration under any of these rules and the form referred to in the rule is, in the opinion of the Central Government or other authority to whom the application is to be sent for registration, unsuitable to the particular case, the Central Government or that other authority, as the case may be, may authorise the application or declaration being made in some other form.

R.37 Certificate of citizenship in case of doubt

37. Certificate of citizenship in case of doubt—A certificate of citizenship in case of doubt under section 13 may be issued in Form XXXIII and shall be signed by an officer not below the rank of Under Secretary to the Government of India.

R.38 Authority before whom application or declaration may be made or by whom the oath of allegiance may be administered

38. Authority before whom application or declaration may be made or by whom the oath of allegiance may be administered—(1) An application or declaration made in accordance with these rules shall not be accepted or registered and 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,--

(i) the Collector, Deputy Commissioner, or the District Magistrate in India;

R.39 Certificate of documents

39. Certificate of documents—A document may be certified to be a true copy of a document by means of a statement in writing to that effect signed by any of the persons before whom the application or declaration may be made or whom the oath of allegiance may be administered or by any officer now below the rank of an Under Secretary to the Government of India in the Ministry of Home Affairs.

R.40 Authority to determine acquisition of citizenship of another country

40. Authority to determine acquisition of citizenship of another country—(1) For the purpose of sub-section (2) of section 9, the Central Government may determine the issues as to whether, when or how any citizen of India had acquired the citizenship of another country.

(2) The Central Government while determining any such issues shall have due regard to the rules of procedure specified in Schedule III.

R.41 Fees

41. Fees—The fees specified under column (3) or, as the case may be, under column (4) of the Schedule IV shall be levied and collected in respect of the matters referred to under column (2) of that Schedule.

R.42 Authority for revision of an order made under the Act by prescribed authority

42. Authority for revision of an order made under the Act by prescribed authority—If an application is made by a person aggrieved by an order made under the provisions of the Act, the application shall be disposed off after giving a reasonable opportunity to the person affected to present his case, by an authority one rank higher than the authority specified for disposal of application against the order of which revision is sought.

R.43 Repeal and saving

43. Repeal and saving—The Citizenship Rules, 1956 is hereby repealed:

Provided that such repeal shall not affect--

(a) the previous operation of the said rules or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said rules; or

(c) any penalty, forfeitur

Sch.I .

[Refer rule 2(c)]

FORM I

(Refer rule 3)

THE CITIZENSHIP RULES, 2009

Application for registration of birth of a minor child at an Indian consulate under section

Sch.II .

[Refer rule 26]

THE CITIZENSHIP RULES, 2009

1. (1) When the Central Government refers the case of a citizen of India to a Committee of Inquiry under sub-section (3) of section 10 (which relates to deprivation of citizenship of India), the Committee of Inquiry (in this Schedule referred to as "the Committee") shall before holding the inquiry, cause notice to be given to the person t

Sch.III .

[Refer rule 40(2)]

THE CITIZENSHIP RULES, 2009

1. Where it appears to the Central Government that a citizen of India has voluntarily acquired the citizenship of any other country, it may require him to prove within such period as may be fixed by it in this behalf, that he has not voluntarily acquired the citizenship of that country; and the burden of proving that he has not so acqu

Sch.IV .

(Refer rule 41)

THE CITIZENSHIP RULES, 2009

TABLES OF FEES