TNAG-2943-FCO40-4219-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 53

S. 18]

CITIZENSHIP ACT, 1955

Comment

ON

9

May. Normally, the word "may" used in a statute should be construed as discretionary but in the context of the statutory provision in which the word finds place, it may become necessary to interpret it as mandatory.

In State of U. P. v. Jogendra Singh, the Supreme Court observed as follows:

"There is no doubt that the word 'may' generally does not mean must or shall. But it is well settled that the word 'may' is capable of meaning must or shall in the light of the context. It is also clear that where a discretion is conferred upon a public authority coupled with an obligation, the word 'may' which denotes discretion should be construed to mean a command.”a

17. Offences. Any person who, for the purpose of procuring anything to be done or not to be done under this Act, knowingly makes any represen- tation which is false in a material particular shall be punishable with imprisonment for a term which may extend to six months, or with fine, with both.

or

18. Power to make rules.—(1) The Central Government may, by noti- fication in the official Gazette, make rules to carry out the purpose of this Act.

(2) In particular and without prejudice to the generality of the fore- going power, such rules may provide for-

(a) the registration of anything required or authorized under this Act to be registered, and the conditions and restrictions in regard to such registration;

(b) the forms to be used and the registers to be maintained under this Act;

(c) the administration and taking of oaths of allegiance under this Act, and the time within which, and the manner in which such caths shall be taken and recorded;

(d) the giving of any notice required or authorized to be given by any person under this Act;

(e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalization relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes;

(ƒ) the registration at Indian Consulates of the births and deaths of persons of any class or description born or dying ouside India;

(g) the levy and collection of fees in respect of applications, regis- trations, declarations, and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents;

1. A. I. R. 1963 S. C. 1618:

2. Smt. Sudhira Baꞌa Roy v. State of West

Bengal, A. I. R. 1981, Cal. 130 at p.

135.

C. Act-2