How is citizenship decided -- A clue from Pondicherry.

Citizenship (Pondicherry) Order, 1962

29 November 1962
Reference	IND-322
Cite as	Citizenship (Pondicherry) Order, 1962 [],  29 November 1962, available at: http://www.refworld.org/docid/3ae6b52dc.html [accessed 1 December 2013]
Comments	The Order, G.S.R. 1640 dated 29 November 1962, was published in the Gazette of India, Pt. II, Sec. 3(i) dated 8 December 1962. The Notifications issued under Citizenship (Pondicherry) Order, 1962: G.S.R. 1769 dated 16 December 1962 and G.S.R. 1770 were attached at the end.
Disclaimer	This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Whereas by a Treaty of Cession which entered into force on the 16th day of August, 1962, France has ceded to India in full sovereignty of the Territory of the Establishment of Pondicherry, Karikal, Mahe and Yanam;

And whereas it is necessary to specify the person who shall be citizens of India by reasons of their connection with that territory;

Now, therefore, in exercise of the powers conferred by Section 7 of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby makes the following order namely:

1.

This Order may be called the Citizenship (Pondicherry) Order, 1962.

2.

In this Order, unless the context otherwise requires:-

(a)"appointed day" means the 16th day of August 1962;

(b)"competent French authority" means such French authority as the Central Government may specify for the purposes of this Order;

(c)"competent Indian Authority" means such officer of Government as the Central Government may specify for the purposes of this order;

(d)"minor" means an unmarried person who has not attained the age of eighteen years;

(e)"parent or guardian" in relation to a minor means the father or if the father be deceased, the mother or if both parents be deceased, the legal guardian of the minor;

(f)"Pondicherry" means the territories of the former French Establishments in India Known as Pondicherry, Karikal, Mahe and Yanam.

3.

(1)Subject to the provisions of sub-paragraph (2), every French national born in Pondicherry and domiciled therein or elsewhere in India on the appointed day shall, as from that day, be a citizen of India.

(2)Any such person may, be written declaration made within six months of the appointed day by himself, or if he be a minor, by his parent or guardian on his behalf, choose to retain his French nationality; and if the choice is so made, that person shall be deemed never to have acquired Indian citizenship under sub-paragraph (1):

Provided that where the choice is so made on behalf of a minor by his parent or guardian, he may, within six months of his attaining the age of eighteen years, sign a declaration in Form A in the presence of the competent Indian authority that he wishes to acquire Indian citizenship under the provisions of this Order; and thereupon he shall, as from the date of so signing the declarations, be a citizen of India.

4.

A French national born in Pondicherry and domiciled on the appointed day in a place outside Pondicherry or any other part of India may, be written declaration in Form B made within six months of the appointed day by himself, or if he be a minor, by his parent or guardian on his behalf, in the presence of the competent Indian authority, choose to acquire Indian citizenship, and if the choice is so made, that person shall be deemed to have become a citizen of India as from the appointed day;

Provided that where the choice is so made on behalf of a minor by his parent or guardian, he may, within six months of his attaining the age of eighteen years, sign a declaration in the presence of the competent French authority that he wishes to recover his French nationality; and thereupon he shall, as from the date of so signing the declaration, cease to be a citizen of India.

5.

Every French national not covered by any of the foregoing provisions who by virtue of the cession of Pondicherry lost French nationality on the appointed day under the French Nationality Laws shall, as from that day, be a citizen of India.

6.

Every declaration in Form A or Form B shall be made both in English and in French; and the competent Indian authority in whose presence it is made shall transmit the declaration in English to the appropriate record office in Pondicherry and the declaration in French to the competent French authority.

NOTIFICATIONS ISSUED UNDER CITIZENSHIP (PONDICHERRY) ORDER, 1962

G.S.R. 1769, dated the 16th December, 1962:

In pursuance of CI. (c) of paragraph 2 of the Citizenship (Pondicherry) Order, 1962, the Central Government hereby specifies each of the following officers to be the competent Indian authority for the purposes of the said order, namely:

(a)in relation to persons residing in Pondicherry and the rest of India, the Chief Secretary to the Pondicherry Administration, Pondicherry;

(b)in relation to persons residing abroad, the Heads of Indian Missions and Posts concerned.

[No. F. 34 (1) Pond/62 (i)]

G.S.R. 1770

In pursuance of CI. (b) paragraph 2 of the Citizenship (Pondicherry) Order, 1962, the Central Government hereby specifies each of the following officers to be the competent French authority for the purposes of the said order, namely:

(a)in relation to persons residing in Pondicherry, the Consul-General of France in Pondicherry:

(b)in relation to persons residing in the rest of India, the Chiefs of the French Diplomatic or Consular Posts concerned;

(c)in relation to persons residing in the territories of the French Republic, Le Ministere des Affairs Etrangers, Direction des Affairs administratives et Sociales Service des Chancelleries et du Contentieux, Contentieux, 23, rue Laperouse Paris 160:

(d)in relation to persons residing in territories outside the French Republic, the Embassy or the Consulates of France concerned.

[No. F. 34 (1) Pond/62 (ii)]