Preamble - CITIZENSHIP (AMENDMENT) RULES, 2018

CITIZENSHIP (AMENDMENT) RULES, 2018

PREAMBLE

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 further to amend the Citizenship Rules, 2009, namely:--

Rule 1 - Short title and commencement

(1) These rules may be called the Citizenship (Amendment) Rules, 2018.

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

Rule 2 - RULE 2

In the Citizenship Rules, 2009 (hereinafter referred to as the said rules), in part V, for rule 23, the following rule shall be substituted, namely:-

"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 by a citizen of India in Form XXII.

(2) On receipt of the declaration of renunciation of citizenship of India under sub-rule (1), an acknowledgement in Form XXIII shall be issued by the concerned Authority referred to in rule 38, to the declarant.

(3) On being satisfied about the correctness of the particulars of the declaration made under sub-rule (1), the declaration shall be registered by the concerned Authority referred to in sub-rule (2) and a Certificate of Renunciation of Indian citizenship in Form XXIV shall be issued by him to the declarant.

(4) The concerned Authority referred to in sub-rule (2) shall maintain a register in Form XXIV-A containing the details of declarants whose declaration of renunciation of citizenship are registered under this rule.".

Rule 3 - RULE 3

In the said rules, in Part VI,-

(A) in rule 29,-

(a) for sub-rule (2), the following sub-rule shall be substituted, namely:-

"(2) Every person, including a minor, eligible to be registered as Overseas Citizen of India Cardholder under section 7A may submit separate application under sub-rule(1).".

(b) after sub-rule (2), the following sub-rules shall be inserted, namely:-

"(3) In case of a minor, the application form may be signed by either of the parents or by the person to whom the legal custody of the minor has been granted or by the legal guardian of such minor, as the case may be.

(4) In case of a person referred to in clause (d) of sub-section (1) of section 7A, who is a spouse of foreign origin of a citizen of India or a spouse of foreign origin of an Overseas Citizen of India Cardholder, only one such living spouse fulfilling the conditions laid down under that clause shall be eligible to apply for registration as Overseas Citizen of India Cardholder.".

(B) In rule 32, in sub-rule (1 A), after the words and figures "as provided under the said clause (d) of sub-section (1) of section 7A of the Citizenship Act, 1955", the following shall be inserted, namely:-

"and only one living spouse duly fulfilling the conditions laid down in said clause (d) of sub-section (1) of section 7A shall be registered as an Overseas Citizen of India Cardholder.".

(C) In rule 34, in sub-rule (1), for the words "concerned Indian Mission or Post or the Ministry of Home Affairs, Government of India", the words "concerned Indian Mission or Post or the concerned Foreigners Regional Registration Officer" shall be substituted.

Rule 4 - RULE 4

In the said rules, in the Schedule I,-

(a) in Form II, in Part I, after serial number 6 and the entries relating thereto, the following serial number shall be inserted, namely:-

"6A. Religion ...................................";

(b) in Form III, in Part I, after serial number 8 and the entries relating thereto, the following serial number shall be inserted, namely:-

"8A. Religion .................................";

(c) in Form IV, in Part I, after serial number 8 and the entries relating thereto, following serial number shall be inserted, namely:-

"8A. Religion ...................................

8B. Date of entry into India ..................";

(d) in Form V, in Part I, after serial number 5 and the entries relating thereto, following serial number shall be inserted, namely:-

"5A. Religion ......................................

5B. Date of entry into India....................";

(e) in Form VI, in Part I, after serial number 7 and the entries relating thereto, the following serial number shall be inserted, namely:-

"7A. Religion .......................................";

(f) for 'Form XXII', the following 'Form' shall be substituted, namely:-

"FORM XXII

[See rule 23(1)]

THE CITIZENSHIP RULES, 2009

DECLARATION OF RENUNCIATION OF CITIZENSHIP UNDER SECTION 8 OF THE ACT MADE BY A CITIZEN OF INDIA WHO IS ALSO A CITIZEN OR NATIONAL OF ANOTHER COUNTRY

1. I, ............................ (here insert name and address of declaration) am of full age and capacity and was born at (with Tehsil, District, State and Country) .......................... on ..........................

2. I have/have not been married.

3. I hereby renounce my citizenship of India.

4. I hereby renounce my citizenship of India and surrender my Indian Passport No..................... with date of issue..........................................................

5. Name and full particulars of minor children who are Citizens of India, if any .............................................................................................................................

6. I am/was Indian citizen by (Birth/Descent/Registration/Naturalisation) ...............................................................................................................................

7. The circumstances in which/reasons due to which applicant intends to acquire foreign citizenship and renounce Indian citizenship ..........................................................................................................................................

I, ............................................................ do solemnly and sincerely declare that the foregoing particulars stated in this declaration are true and I make this solemn declaration conscientiously believing the same to be true.

Signature .................................

Made and subscribed this .................. day of .................... 20 ..........before me.

*Signature ...........................

*Designation .......................

Particulars

1. Full name ..........................................................................................

2. Address ............................................................................................

3. Profession or occupation ...................................................................................

4. Place and date of birth .......................................................................................

5. (Second) Nationality .........................................................................................

6. Single, married, etc. .........................................................................................

7. Name of wife or husband ...................................................................................

8. Names and nationalities of parents .................................................................

9. Names and full particulars of children, if any, ...............................................

I, the undersigned, hereby state that I am an Indian citizen otherwise than by naturalization that I am householder, and that I am not the solicitor or agent of ................................ I vouch for the correctness of the statements made by ............................... In his application for ............................

	Signature ..........................
Date .....................	Name (in BLOCK LETTERS)
	...................................................
	...................................................
	Full Postal address .................
	..................................................

* Signature and designation of the officer authorised under rule 38 of the Citizenship Rules, 2009, before whom the registration, declaration or oath of allegiance is made or taken.";

(g) for 'Form XXIV', the following 'Forms' shall be substituted, namely:-

"FORM XXIV

[See rule 23(3)]

THE CITIZENSHIP RULES, 2009

CERTIFICATE OF RENUNCIATION OF INDIAN CITIZENSHIP UNDER RULE 23 OF THE CITIZENSHIP RULES, 2009

This is to certify that the person whose details are given below has voluntarily renounced the Indian citizenship and pursuant to section 8 of the Citizenship Act, 1955, he/she shall cease to be a citizen of India with effect from the date of issue of this certificate:

1. Name: ............................................

2. Father's name: ...................................

3. Mother's name: .................................

4. Date of Birth: ...................................

5. Place of Birth: ..................................

6. Indian Passport No.: ...........................

7. Address: .......................................

8. He/she has acquired the citizenship of India by Birth/Descent/Registration/Naturalization

-----------------------------------------------

Signature and seal of the Issuing Authority

Name:

Designation:

Place of Issue: ......................

Date of Issue: .....................

FORM XXIV-A

[See rule 23(4)]

THE CITIZENSHIP RULES, 2009

REGISTER OF DECLARATIONS OF RENUNCIATION OF INDIAN CITIZENSHIP

S. No.	Full name of declarant and address	Profession or occupation	Place and date of birth	Nationality of declarant's parents	Full names of parents	Married, single, widower, widow or divorced	Place where and date when declaration made	Mode of acquisition of Indian citizenship by the applicant-by Birth/Descent/Registration/Naturalization	The circumstances in which/reasons due to which applicant intends to acquire foreign citizenship and renounce Indian citizenship	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)

This Form when completed should be forwarded in triplicate to the Chief Secretary to the Government of the State in which applicant is resident.";

(h) for 'Form XXVIII', the following 'Form' shall be substituted, namely:-

"Form XXVIII

[See rule 29(1)]

THE CITIZENSHIP RULES, 2009

APPLICATION FOR REGISTRATION AS AN OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER SECTION 7A OF THE CITIZENSHIP ACT, 1955

Note:-Please see Instructions before filling up the Form

INDIAN ORIGIN APPLICANT

Part-A

Personal Particulars (as in Passport)

				Affix your photo of size 51 x 51 mm
Signature/Left thumb impression [in case of those who cannot sign]

 

1.	Surname
2.	Middle Name
3.	Given Name
4.	Other names [If you are known by any other name(s)]
5.	Gender [Male/Female/Transgender]
6.	Date of birth
7.	Place of birth (in India/abroad) [Mention District, City, State, Country]
8.	Marital Status [Unmarried/Married/Separated/Divorced/Widowed/Widower]
9.	Visible Distinguishing Marks on the body
10.	Present nationality [along with National Identification Number, if available]
11.	Whether holding dual nationality? if yes, mention country and passport details (a) Country Passport number: (b) Country Passport number:
12.	Previous nationality held (if any) [Mention Passport Number and Date of renunciation (if any)]

Family Details

13.	Father's Name
14.	Father' Nationality
15.	Father's profession
16.	Mother's Name
17.	Mother's Nationality
18.	Mother's profession
19.	Spouse Name
20.	Spouse Nationality
21.	Spouse profession
22.	Date of Birth of spouse
23.	Date of Marriage
24.	Spouse Passport Number
25.	Spouse passport issue place and validity of passport
26.	Name of Root Indian Citizen or Root Indian person eligible to be Indian Citizen and his/her Relationship with the applicant

Passport details of applicant

27.	Passport number
28.	Place of issue
29.	Date of issue and expiry date
30.	Previous passport number if any.

Occupation details

31.	Occupation [Specific field of work]
32.	Employer's address
33.	Employer's contact number
34.	If retired, from which Department/Office/Organization

Applicant's contact details

35.	Present complete address (India and abroad)
36.	Phone number
37.	Email address
38.	Mobile number

SPOUSE BASED APPLICANT

Part-A:

Personal Particulars (as in Passport)

				Affix your photo of size 51 x 51 mm
Signature/Left thumb impression [in case of those who cannot sign]

 

1.	Surname
2.	Middle Name
3.	Given Name
4.	Other names [If you are known by any other name(s)]
5.	Gender [Male/Female/Transgender]
6.	Date of birth
7.	Place of birth (in India/abroad) [Mention District, City, State, Country]
8.	Marital Status [Married/Separated/Divorced/Widowed/Widower]
9.	Visible Distinguishing Marks on the body
10.	Present nationality [along with National Identification Number, if available]
11.	Whether holding dual nationality? if yes, mention country and passport details (a) Country Passport number (b) Country Passport number
12.	Previous nationality held (if any) [Mention Passport Number/Date of Renunciation (if any)]

Family Details

13.	Father's Name
14.	Father' Nationality
15.	Father's profession
16.	Mother's Name
17.	Mother's Nationality
18.	Mother's profession
19.	Spouse Name
20.	Spouse Nationality
21.	Spouse profession
22.	Date of Birth of spouse
23.	Date of Marriage
24.	Whether married in India or abroad?
25.	If marriage is solemnised in India, whether marriage registered with the Registrar of Marriages?
26.	If marriage is solemnised abroad, whether the marriage certificate is Apostled/certified by the Indian Mission/Post concerned?
27.	Whether marriage still subsisting?	Yes/No
28.	Spouse passport number
29.	Spouse local address abroad
30.	Spouse passport issue place and validity of passport
31.	Is your Spouse an Overseas Citizen of India cardholder? If yes, please mention spouse card registration no., date of issue and place of issue	Yes/No
32.	Whether you have more than one living spouse? If Yes, give details	Yes/No
33.	Whether your spouse has any other living spouse? If Yes, give details	Yes/No

Passport details

34.	Passport Number
35.	Place of issue
36.	Date of issue and expiry date
37.	Previous passport number (if any).

Occupation details

38.	Occupation
39.	Employer's address
40.	Employer's contact number
41.	If retired, from which Department/Office/Organisation

Applicant's contact details

42.	Present complete address (India and abroad)
43.	Phone number
44.	Email address
45.	Mobile number

MINOR CHILD

Part-A:

Personal Particulars (as in Passport)

				Affix your photo of size 51 x 51 mm
Signature/Left thumb impression [in case of those who cannot sign]

 

1.	Surname
2.	Given Name
3.	Other names [If you are known by any other name(s)]
4.	Gender (Male/Female/Transgender)
5.	Date of birth
6.	Place of birth (in India/abroad) [Mention District, City, State, Country]
7.	Visible Distinguishing Marks on the body
8.	Present nationality [along with National Identification Number, if available]
9.	Whether holding dual nationality? if yes, mention country and passport details (a) Country Passport number (b) Country Passport number
10.	Previous nationality held [Mention Passport/Renounced (if any)]

Family Details

11.	Father's Name
12.	Father' Nationality
13.	Father's profession
14.	Mother's Name
15.	Mother's Nationality
16.	Mother's profession
17.	Name of Root Indian Citizen or Root Indian person eligible to be Indian Citizen and his/her Relationship with applicant

Passport details

18.	Passport number
19.	Place of issue
20.	Date of issue and expiry date
21.	Previous passport if any.

Applicant's contact details

22.	Present complete address (India and abroad)
23.	Phone number
24.	Email address
25.	Mobile number

Part B-

Other details of Applicant(s) [Applicable to all categories]

1. Have you/any member of your family applied for Overseas Citizen of India registration earlier? Yes/No

If yes, give details:

Name and Relationship	Reference No.	Date when applied	Place where applied	Status [Granted/Not yet]

2. Have you surrendered/got your previous Overseas Citizen of India card cancelled? Yes/No

Please mention number and date of issue of previous Overseas Citizen of India card

3. Whether the applicant had ever been a citizen of Pakistan or Bangladesh at any time? Yes/No

If yes, give specific details:

4. Whether either of parents or grandparents or great-grandparents of the applicant had ever been a citizen of Pakistan or Bangladesh at any time? Yes/No

If yes, give specific details:

5.     (a) Whether the applicant (other than the minor child/children) has worked/is working in Armed Forces/Paramilitary/Police/Security/Intelligence organizations? Yes/No

If yes, give specific details:

(b) Have you undergone compulsory military/police/home conscription/training in your native country? Yes/No

If yes, period of compulsory training:

(c) Are you still serving in armed/police forces beyond compulsory training period prescribed by rule in that country (Not applicable to a minor child)? Yes/No

6. Date and method of acquisition of present nationality (By Birth/Descent/Registration/Naturalisation)

Applicant's Name	Method of Acquisition of present nationality	Date of Acquisition

7. Details of Family members/relatives who are staying in India, if any (for Indian reference only)

Sl. No.	Name	Present address	Relationship	Age

8. Have you sought asylum (political or otherwise) in any country before applying for citizenship? Yes/No

If Yes, please give full particulars/details:

9. Have you ever been convicted by Court of Law of any country? Yes/No

If Yes, please give full particulars/details:

10. Have you ever been refused entry/deported by any country including India? Yes/No

If Yes, please give full particulars/details:

11. Have you been associated with any organisation (Government or non-Government)/Political Party/Group accused of or guilty of any rights violation? Yes/No

If Yes, please give full particulars/details:

12. Have you ever been engaged in human trafficking/drug trafficking/child abuse/crime against women/Economic offense/Financial Fraud? Yes/No

If Yes, please give full particulars/details:

13. Have you ever been engaged in cyber crime/terrorist activities/sabotage/espionage/genocide/political killing/other acts of violence? Yes/No

If Yes, please give full particulars/details:

14. Have you ever, by any means or medium, expressed views that justify or glorify terrorist violence or that may encourage others to terrorist acts or other serious criminal acts? Yes/No

If Yes, please give full particulars/details:

15. Details of Criminal Proceedings against the applicant, if any, anywhere

Sl. No.	Applicant's Name	Date of Incidence	Place of Incidence	Nature of Incidence	Outcome of criminal proceedings, if any

16. Whether applicant is-

(a) Currently under any investigation Yes/No

(b) Wanted for questioning Yes/No

(c) Facing charges for any offence in any country Yes/No

If Yes, please give details:

DECLARATION

1. (Name of the applicant) solemnly and sincerely declare that foregoing particulars stated on this application are true and I make this solemn declaration consciously believing the same to be true. In case the information is found to be false at any stage, I am liable for legal action/cancellation of registration as Overseas Citizen of India cardholder/deportation/blacklisting or any other action as deemed fit by the Government of India. I have no objection to share the requested personal particulars for processing of Overseas Citizen of India card by the security agencies.

2. I shall not use the Overseas Citizen of India card for undertaking any TABLIGH activities in India.

3. I shall not use the Overseas Citizen of India card for undertaking any missionary or mountaineering activities or Research in India without prior permission from the competent authority designated by the Government of India.

4. In the event of dissolution of marriage or marriage to another foreigner or death of Indian spouse, I shall surrender my card to the issuing authority or mission [ applicable to spouse based applications].

Date:	Signature of the Applicant
Place:

*Application for Minor child

I am a parent/legal guardian**/legal adoptee parent of .................... to whom the foregoing particulars relate. I hereby apply on behalf of my/the child for his/her registration as an Overseas Citizen of India Cardholder.

Date:
Place:	Signature of the Applicant

* To be filled only for minor applicant

** In the case of legal guardian, enclose proof of guardianship

*** In the case of legal adoptee parent, enclose legal adoption documents.";

(i) for 'Form XXXI', the following 'Form' shall be substituted, namely:-

"FORM XXXI

[See rule 34(1)]

THE CITIZENSHIP RULES, 2009

DECLARATION OF THE RENUNCIATION OF THE CARD REGISTERING AS AN OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER SECTION 7C(1) OF THE CITIZENSHIP ACT, 1955 MADE BY AN OVERSEAS CITIZEN OF INDIA CARDHOLDER

1. I, ......................... (here insert full name and address of declarant) am of full age and capacity and was born at .................... on .........................

2. I am registered as an Overseas Citizen of India cardholder.

3. I hereby renounce my Overseas Citizen of India cardholder and surrender* the Certificate of registration No. .......... dated ............ issued at ..............

4. I, ................. do solemnly and sincerely declare that the foregoing particulars stated in this declaration are true, and I make this solemn declaration conscientiously believing the same to be true.

Date ................

Signature .....................

Made and subscribed this ..................... day of ........... 20 ............. before me.

	**Signature .......................................
	**Designation ...................................

Particulars

1. Full Name ......................................................................

2. Address .........................................................................

3. Occupation .....................................................................

4. Place and date of birth .................................................

5. Nationality .....................................................................

6. Name of wife or husband .............................................

7. Number and date of certificate of registration as an Overseas Citizen of India cardholder ......................................

8. Name and full particulars of minor children who are registered as Overseas Citizen of India cardholder if any .......................................

*Please attach original certificate of registration with the declaration.

**Signature and designation of the officer of the designated authority specified under rule 34 of the Citizenship Rules, 2009.".