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Sunday, January 12, 2020

THE CITIZENSHIP (AMENDMENT) ACT, 2019

An Act to amend the Citizenship Act, 1955.
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  It was enacted by the Parliament in the seventh year of the Indian Republic
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  is as follows: -

  1. (1) This Act may be called the Citizenship (Amendment) Act, 2019.

  (2) It shall apply on such date as notified by the Central Government.

  In the official gazette, appoint.

  2. In the Citizenship Act, 1955 (hereinafter referred to as the Main Act), section 2,

  In sub-section (1), in clause (b), the following provisional shall be included, namely: -

  "Provided that any person is Hindu, Sikh, Buddhist, Jain, Parsi or

  Christian communities from Afghanistan, Bangladesh or Pakistan who entered

  On or before 31st day of December 2014 India and by whom exemption has been granted
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  Or sub-section (c) of sub-section (2) of section 3 of the Central Government

  By application of the provisions of the Passport (Entry into India) Act, 1920 or

  Foreign Act, 1949 or any rule or order made thereunder shall not be considered

  Illegal migrants for the purposes of this act;  ".

  3. After section 6A of the principal Act, the following section shall be inserted,
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  Namely: -

  '6B.  (1) The Central Government or an authority specified by it

  Subject to such conditions, restrictions and manner as may be prescribed

  An application made in this regard provides a certificate of registration or certificate

  Naturalization for a person referred to in provisional to clause (b) of sub-section (1)
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  section 2.

  (2) Subject to the conditions specified in section 5 or

  Eligibility for naturalization under the provisions of the Third Schedule, a.

  The person provided a certificate of registration or a certificate of naturalization under

  Sub-section (1) shall be deemed to be a citizen of India from the date of its accession

  India.

  (3) From the date of commencement of citizenship (amendment)

  Act, 2019, any action pending against a person under this section

  Illegal migration or citizenship will be barred from granting him citizenship:

  Provided that such person shall not be disqualified to apply.

  Under this section citizenship proceedings are pending on this basis

  He and his Central Government or the authority designated by him shall not do

  If he is otherwise found eligible for the grant, reject his application on that basis

  Citizenship under this section:

  Provided that the person who applies for citizenship

  His rights and privileges will not be denied under this section which he was

  Entitled to the date of receipt of his application on such making land
 application.
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  (4) Nothing in this section shall apply to the tribal region of Assam, Meghalaya,

  Mizoram or Tripura as included in the Constitution and the Sixth Schedule

  Area under the notified "inner line" under the Bengal eastern border

  Regulation, 1873. '.

  4. In section 7D of the main Act, -

  (i) After clause (d), the following clause shall be inserted, namely: -

  "(Da) Overseas Citizen of India card holder has violated any

  The provisions of this Act or any other law for the time being in force

  May be specified by the Central Government in the notification published in

  official Gazette;
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  (ii) After clause (f), the following provisional shall be inserted, namely: -

  "Provided that no order shall be passed under this section unless

  Overseas Citizen of India card holder has been given a fair chance

  Being heard  "

  5. In section 18 of the principal Act, in sub-section (2), after clause (ee), the following

  The clause shall be inserted, namely: -

  "Conditions, restrictions and methods for awarding (EEE) certificate

  Certificate of registration and naturalization under sub-section (1) of section 6B;

  In the Third Schedule to the main Act, in clause (d), the following shall be provisional
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  Be involved, namely: -

  Provided that for Hindu, Sikh, Buddhist, Jain, Zoroastrian or related person

  Christian communities in Afghanistan, Bangladesh or Pakistan, total duration of residence or service in India will be required under this section

  Read as "not less than five years old" instead of "not less than eleven years old".

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