IN REPLY TO MR.ANIL AGARWAL'S MESSAGE
Sir,
Thank you for your reply.
But as per the Govt of India Act (ammended in 1955), Bangladeshis and Pakistanis CAN APPLY for Indian citizenship,
if he or his parents or foreparents is/are born in the territory of India. Here territory of India means the land of India, Pakistan and Bangladesh, NOT NEPAL, BHUTAN, TIBET OR CHINA OR ANY OTHER COUNTRY (as per the Indian Constitution) and the rule is not applicable for Tibetans, Bhutanese and / or Nepalese. You are requested to go through the Act and I believe you will indeed understand the provisions.
As per my knowledge, people from Bangladesh, Pakistan, Bhutan, Tibet, China etc. can not enter inside India without a valid visa. This is a temporary visa which allows the incomers to stay here in India for a maximum period of 180 days. For people who want to stay here for more days, need to register their names with the Ministry of Foreign Affairs. It is not that easy to have Indian citizenship, except the Pakistani and Bangladeshi people (Ref.: Govt of India Act).
I don't know whether there is any such rule as you mentioned in your mail or not. If so, please give me the reference.
And regarding the citizenship matter (Indian citizenship) of Nepalese people, following will answer your mail.
EXTRA ORDINARY GAZETTE NOTIFICATION dated 23rd August 1988 of Govt of India (No.: 260011/6/88IC.I)
Whereas it has come to the notice of the central government that there have been some misconceptions about the citizenship at the commencement of the constitution of India of certain classes of persons commonly known as Gorkhas who had settled in India at such commencement. And whereas it is considered necessary to clear such misconceptions it is hereby clarified as follows
1. As from the commencement of the constitution that is as from 26.1.1950 every
Gorkha who had his domicile on the territory of India, that is the territories which
on 26.1.1950 become part of or constituted the territory of India as defined in article 1(2) of the constitution of India and
a) Who was born in the territory of India or
b) Either of whose parents were born in the territory of India or
c) Who had been ordinarily resident in the territory of India for not less than five years before such commencement shall be a citizen of India as provided in the Article 5 in the constitution of India.
2. No such person as referred to in paragraph (1) above shall be a citizen of India or to be deemed to be a citizen of India if he has voluntarily acquired the citizenship of any foreign state as provided in article 9 of the constitution of India,
3. Every person who is a citizen of India at the commencement of the constitution as aforesaid shall continue to be such a citizen subject to the provisions of any law that may be made by parliament as provided in Article 10 of the constitution of India
4. The provisions of the citizenship Act 1955 and the rules and order made there under shall apply to the persons referred to in paragraph (1) after commencement of constitution.
Sd/-
(Indira Misra)
Joint Secretary to the
Government of India
One more thing I understand that I am hospitable. But it does not mean that if any of my guest or friend force me to handover him or her my own land or a part of my residence, I will be ready to do that. It is not viable. I don't think that you or any other person will be ready to handover your / his / her land to another person without any interest. And also in a position when you can not arrange food and clothings for your / his / her family members properly.
Well, nothing to tell more. You are only requested to go through the legal points properly and if you have any confusion, give me the references.
Thanks
