under a Government in India:
Provided further that if either of the parents of a
person referred to in clause (b) was a citizen of India
by descent only, that person shall not be a citizen of
India by virtue of this section, unless(a) his birth is registered at an Indian consulate within
one year of its occurrence or on or after the 10th
day of December, 1992, whichever is later, or, with
the permission of the Central Government, after the
expiry of the said period; or
(b) either of his parents is, at the time of his birth, in
service under a Government in India: Provided also
that on or after the commencement of the Citizenship
(Amendment) Act, 2003(6 of 2004), a person shall not
be a citizen of India by virtue of this section, unless his
birth is registered at an Indian consulate in such form
and in such manner, as may be prescribed,(i) within one year of its occurrence or the
commencement of the Citizenship (Amendment) Act,
2003(6 of 2004), whichever is later; or
(ii) with the permission of the Central Government,
after the expiry of the said period:
Provided also that no such birth shall be registered
unless the parents of such person declare, in such
form and in such manner as may be prescribed, that
the minor does not hold the passport of another
country.
(1A) A minor who is a citizen of India by virtue of this
section and is also a citizen of any other country shall
cease to be a citizen of India if he does not renounce
the citizenship or nationality of another country within
six months of attaining full age.]
(2) If the Central Government so directs, a birth shall
be deemed for the purposes of this section to have
been registered with its permission, notwithstanding
that its permission was not obtained before the
registration.
(3) For the purposes of the proviso to sub-section
(1), [any person] born outside undivided India who
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was, or was deemed to be, a citizen of India at the
commencement of the Constitution shall be deemed
to be a citizen of India by descent only.
5. Citizenship by registration.- (1) Subject to the
provisions of this section and such other conditions
and restrictions as may be prescribed, the Central
Government may, on an application made in this
behalf, register as a citizen of India any person not
being an illegal migrant who is not already such citizen
by virtue of the Constitution or of any other provision
of this Act if he belongs to any of the following
categories, namely:(a) a person of Indian origin who is ordinarily resident
in India for seven years before making an application
for registration;
(b) a person of Indian origin who is ordinarily resident
in any country or place outside undivided India;
(c) a person who is married to a citizen of India and
is ordinarily resident in India for seven years before
making an application for registration;
(d) minor children of persons who are citizens of India;
(e) a person of full age and capacity whose parents
are registered as citizens of India under clause (a) of
this sub-section or sub-section (1) of section 6;
(f) a person of full age and capacity who, or either
of his parents, was earlier citizen of independent
India, and 3 [is ordinarily resident in India for twelve
months] immediately before making an application for
registration;
(g) a person of full age and capacity who has
been registered as an 4 [Overseas Citizen of India
Cardholder] for five years, and who 5
[is ordinarily resident in India for twelve months]
before making an application for registration.
Explanation 1.-For the purposes of clauses (a) and (c),
an applicant shall be deemed to be ordinarily resident
in India if(i) he has resided in India throughout the period
10
of twelve months immediately before making an
application for registration; and
(ii) he has resided in India during the eight years
immediately preceding the said period of twelve
months for a period of not less than six years.
Explanation 2.-For the purposes of this sub-section, a
person shall be deemed to be of Indian origin if he, or
either of his parents, was born in undivided India or in
such other territory which became part of India after
the 15th day of August, 1947.]
(1A) The Central Government, if it is satisfied that
special circumstances exist, may after recording the
circumstances in writing, relax the period of twelve
months, specified in clauses (f) and (g) and clause (i)
of Explanation 1 of sub-section (1), up to a maximum of
thirty days which may be in different breaks.]
(2) No person being of full age shall be registered as a
citizen of India under sub-section (1) until he has taken
the oath of allegiance in the form specified in the
Second Schedule.
(3) No person who has renounced, or has been
deprived of, his Indian citizenship or whose Indian
citizenship has terminated, under this Act shall be
registered as a citizen of India under sub-section (1)
except by order of the Central Government.
(4) The Central Government may, if satisfied that
there are special circumstances justifying such
registration, cause any minor to be registered as a
citizen of India.
(5) A person registered under this section shall be
a citizen of India by registration as from the date on
which he is so registered; and a person registered
under the provisions of clause (b)(ii) of article 6 or
article 8 of the Constitution shall be deemed to be a
citizen of India by registration as from
the commencement of the Constitution or the date on
which he was so registered, whichever may be later.
[(6) If the Central Government is satisfied that
circumstances exist which render it necessary to