3[6A. Special provisions as to citizenship of persons covered by the Assam Accord.-

(1) For the purposes of this section-

• (a) “Assam” means the territories included in the State of Assam immediately before the commencement of the Citizenship (Amendment) Act, 1985;


• (b) “detected to be a foreigner” means detected to be a foreigner in accordance with the provisions of the Foreigners Act, 1946 (31 of 1946) and the Foreigners (Tribunals)       Order, 1946 by a Tribunal constituted under the said Order;


• (c) “specified territory” means the territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985;


• (d) a person shall be deemed to be of Indian origin, if he, or either of his parents for any of his grandparents was born in undivided India;


• (e) a person shall be deemed to have been detected to be a foreigner on the date on which a Tribunal constituted under the Foreigners(Tribunals) Order, 1964 submits its       opinion to the effect that he is a foreigner to the officer or authority concerned.

(2) Subject to the provisions of the sub-sections (6) and (7), all persons of Indian origin who came before the 1st day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the 1st day of January, 1966.

(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who-

• (a) came to Assam on or after the 1st day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and
• (b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and
• (c) has been detected to be a foreigner,

shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (thereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll any Assembly or Parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom.

Explanation.- In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this sub-section and if any question arises as to whether such person complies with any other requirement under this sub-section, the registering authority shall,-

• (i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding;
• (ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said Order hang Jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference.

(4) A person registered under sub-section (3) shall have, as from the date on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of India(including the right to obtain a passport under the Passports Act, 1967 (15 of 1967) and the obligations connected therewith), but shall not be entitled to have his name included in any electoral roll for any Assembly or Parliamentary constituency at any time before the expiry of the said period of ten years.

(5) A person registered under sub-section (3) shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner.

(6) Without prejudice to the provisions of section 8-

• (a) if any person referred to in sub-section (2) submits in the prescribed manner and form and to be prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985, for year a declaration that he does not wish to be citizen of India, such person shall not be deemed to have become a citizen of India under that sub-section;
• (b) If any person referred to in this sub-section (3) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement the Citizenship (Amendment) Act, 1985, for year or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub-sections (4) and (5), it shall not be necessary for such person to register himself under sub-section(3).

Explanation.- Where a person required to file a declaration under this sub-section does not have the capacity to enter into a contact, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act on his behalf.

(7) Nothing in sub-sections (2) to (6) shall apply in relation to any person-

• ((a) who, immediately before the commencement of the Citizenship (Amendment) Act, 1985, for year is a citizen of India;
• (b) who was expelled from India before the commencement of the Citizenship (Amendment) Act, 1985, for year under the Foreigners Act, 1946 (31 of 1946).

(8) Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.

COMMENTS

Under sub-section (2) of section 6A two conditions are required to be satisfied-(i) persons who are of Indian origin (undivided Indian) came before 1-1-1996 to Assam from the specified territory, and (ii) have been “ordinarily resident” in Assam as it existed in 1985 since the date of entry in Assam; State of Arunachal Pradesh v. Khudiram Chakma, AIR 1994 SC 1961.