TNAG-2099-FCO40-2988-HM-Overseas-Civil-Service-(HMOCS)-policy-matters-1990 — Page 23

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incorporate within its legislation provisions declaring its own citizens, and those of other Commonwealth countries, to be British subjects or Commonwealth citizens (the two terms being interchangeable). Among the countries covered by such provisions in the 1948 British Nationality Act, Clause 1 Paragraph 3, were India, Pakistan and Ceylon. Burma, however, was not covered since it had opted not to join the Commonwealth after Independence.

The first Republican Constitution of India in 1950 provided for a single uniform citizenship and the 1955 Citizenship Act defined entitlement to Indian nationality on the basis of birth, family connection or 5 years' residence in India. Recruitment to the Indian Administrative Service (successor to the ICS) after 1948 was restricted to to persons born or resident in India.

Compensation Arrangements

Compensation arrangements for members of the ICS wishing or required to retire early as a result of Indian Independence in August 1947 were set out in the Command Paper 7116 of April 1947 entitled India: Compensation for the Services (copy of relevant portions attached). In general, these arrangements were not open to Indian members of the Service except :

those not invited to continue service under the Independent government of India

those who could satisfy the Governor General that the nature of their duties prior to Independence would damage their career prospects or who were likely to be offered unsuitable appointments in the future

those who could satisfy the Governor General that they had 'legitimate cause for anxiety' in the Province where they were currently serving and would be unable to arrange a suitable transfer.

Similar arrangements were made with respect to members of the Ceylonese Civil Service and Higher Civil Service of Burma.

D. HuMEry

D H Evans

Research & Analysis Department

9 May 1990

DE2AAZ

CONFIDENTIAL COVERING SECRET

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