The Citizenship Act, 1955
ACQUISITION OF CITIZENSHIP
Section 6A: Special Provisions As To Citizenship Of Persons Covered By The Assam Accord
Bare Act
6A Special provisions as to citizenship of persons covered by the Assam Accord
(1) For the purposes of this section
- (a) "Assam" means the territories included in the State of Assam immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985);
- (b) "detected to be a foreigner" means detected to be a foreigner in accordance with the provisions of the Foreigners Act, 1946 (31 of 1946) and the Foreigners (Tribunals) Order, 1964 by a Tribunal constituted under the said Order;
- (c) "specified territory" means the territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985);
- (d) a person shall be deemed to be of Indian origin, if he, or either of his parents or any of his grandparents was born in undivided India;
- (e) a person shall be deemed to have been detected to be a foreigner on the date on which a Tribunal constituted under the Foreigners (Tribunals) Order, 1964 submits its opinion to the effect that he is a foreigner to the officer or authority concerned.
(2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin who came before the lst day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the lst day of January, 1966.
(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who:
- (a) came to Assam on or after the lst day of January, 1966 but before the 25th day of March, 1971 from the specified territory;
- (b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and
- (c) has been detected to be a foreigner; shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (hereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or Parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom.
Explanation - In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this subsection and if any question arises as to whether such person complies with any other requirement under this sub-section, the registering authority shall:
- (i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding;
- (ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said Order having jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference.
(4) A person registered under sub-section (3) shall have, as from the date on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of India (including the right to obtain a passport under the Passports Act, 1967 (15 of 1967) and the obligations connected therewith), but shall not be entitled to have his name included in any electoral roll for any Assembly or Parliamentary constituency at any time before the expiry of the said period of ten years.
(5) A person registered under sub-section (3) shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner.
(6) Without prejudice to the provisions of section 8:
- (a) if any person referred to in sub-section (2) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), a declaration that he does not wish to be a citizen of India, such person shall not be deemed to have become a citizen of India under that sub-section;
- (b) if any person referred to in sub-section (3) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985(65 of 1985), or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub-sections (4) and (5), it shall not be necessary for such person to register himself under sub-section (3).
Explanation - Where a person required to file a declaration under this sub-section does not have the capacity to enter into a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act on his behalf.
(7) Nothing in sub-sections (2) to (6) shall apply in relation to any person:
- (a) who, immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), is a citizen of India;
- (b) who was expelled from India before the commencement of the Citizenship (Amendment) Act, 1985, under the Foreigners Act, 1946 (31 of 1946).
(8) Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.
Simplified Act
Simple Explanation of Special Citizenship Provisions for People Covered by the Assam Accord
This section talks about special rules for citizenship for certain people in Assam:
- "Assam" refers to the area that was Assam before the 1985 Citizenship law change.
- "Detected to be a foreigner" means a legal decision that someone is not an Indian citizen based on specific laws and tribunal orders.
- "Specified territory" means the land that was part of Bangladesh before the 1985 Citizenship law change.
- A person is considered of Indian origin if they, their parents, or grandparents were born in India before it was divided.
- A person is considered "detected to be a foreigner" on the date a tribunal decides they are not an Indian citizen.
People who came to Assam from the specified territory before January 1, 1966, and have lived there since, are Indian citizens from that date.
People who came to Assam from the specified territory between January 1, 1966, and March 25, 1971, and have lived there since, must register as foreigners but can stay and have certain rights for ten years, after which they can become Indian citizens.
- If a tribunal says someone is a foreigner, that's enough proof for registration.
- If there's a doubt about other requirements, the registering authority will make a decision based on the tribunal's findings.
Registered people have the same rights as Indian citizens for ten years but can't vote during this time. After ten years, they're considered Indian citizens.
People can choose not to become Indian citizens or not to be governed by these rules by making a declaration within 60 days of the law change or their detection as a foreigner.
Someone else can make the declaration for those who can't do it themselves.
These special rules don't apply to people who were already Indian citizens before 1985 or who were legally expelled from India before 1985.
These rules override any other laws.
Explanation using examples
Imagine a person named Raj who was born in what is now Bangladesh but came to Assam, India, on December 20, 1965. Under Section 6A(2) of the Citizenship Act, 1955, Raj, being of Indian origin and having entered Assam before January 1, 1966, would be deemed a citizen of India from January 1, 1966, provided he has been ordinarily resident in Assam since his entry.
However, if Raj had arrived in Assam on March 10, 1970, his situation would be different. As per Section 6A(3), he would need to register himself as a foreigner since he came after January 1, 1966, but before March 25, 1971. If he does so and is ordinarily resident in Assam, he would have the same rights and obligations as an Indian citizen for ten years, except for the right to vote, as described in Section 6A(4). After ten years, he would be considered a citizen of India according to Section 6A(5).
