TNAG-2943-FCO40-4219-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 46

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CITIZENSHIP ACT, 1955

[S. 3

(e) "minor" means a person who has not attained the age of eighteen years;

(f) "person" does not include any company or association or body of individuals, whether incorporated or not ;

(g) "prescribed" means prescribed by rules made under this Act ;

(h) "undivided India" means India as defined in the Government of India Act, 1935, as originally enacted.

(2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Govern- ment of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(3) Any reference in this Act to the status or description of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father's death; and where that death occurred before, and the birth occurs after, the commencement of this Act, the status or description which would have been applicable to the father had he died after the commencement of this Act shall be deemed to be the status or description applicable to him at the time of his death.

(4) For the purposes of this Act, a person shall be deemed to be of full age if he not a minor, and of full capacity if he is not of unsound mind.

Acquisition of Citizenship

3. Citizenship, by birth.-Except as provided in sub-section (2) of this section, every person in India on or after the 26th January, 1950, shall be a citizen of India by birth.

(2) A person shall not be such a citizen by virtue of this section if at the time of his birth-

(a) his father possesses such immunity from suits and legal process as is accorded to an Envoy of a foreign sovereign power accredited to the President of India and is not citizen of India; or

(b) his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.

4. Citizenship by descent.-(1) A person born outside India on or after the 26th January, 1950, shall be a citizen of India by descent if his father is a citizen of India at the time of his birth:

Provided that if the father of such a person was 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 the commencement of this Act, whichever is later, or, with the permission of the Central Government after the expiry of the said period; or

(b) his father is, at the time of his birth, in service under a Government in India.