Pending applications to be transferred to collectors
New Delhi The Ministry of Home Affairs (MHA) has issued an order specifying that a 2024 government order issued under the Citizenship Act, 1955, will not apply to certain states and Union Territories, including Gujarat, Rajasthan, Punjab, West Bengal, Assam, Tripura, Jammu and Kashmir and Ladakh.T
he MHA order, issued on August 19, was issued under Section 6B of the Citizenship Act, 1955, read with Rule 11A of the Citizenship Rules, 2009.As per the fresh order, the Central Government’s earlier order published by the MHA in the Gazette of India on March 11, 2024, will not apply to Gujarat, Rajasthan, Punjab, West Bengal, Assam (except tribal areas), Tripura (except tribal areas) and the Union Territories of Jammu and Kashmir and Ladakh.
“In exercise of the powers conferred by sub-section (1) of section 6B Citizenship Act, 1955 (57 of 1955) read with sub-rules (1) and (3) of`rule 11 A of the Citizenship Rules, 2009, the Central Government hereby specifies that the Order of the Government of India in the Ministry of Home Affairs published in the Gazette of Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 1231 (E), dated the 11th March, shall not apply to the States of Gujarat, Rajasthan, Punjab, West Bengal, Assam (except tribal area), ‘Tripura (except tribal area), Union territories of Jammu and Kashmir and Ladakh,” reads the order.The latest order also rescinds two subsequent MHA orders issued on February 20 and March 2 this year. However, the rescission will not affect any action already taken or omitted before the orders are rescinded.In another key provision, the MHA has directed that all applications pending under Section 6B of the Citizenship Act before the Empowered Committee and District Level Committee in the states and Union Territories covered by the order will be transferred to the concerned Collector.The provision covers pending applications in Gujarat, Rajasthan, Punjab, West Bengal, Assam, Tripura, Jammu and Kashmir and Ladakh. The order came into force from the date of its publication in the Official Gazette on August 19.Section 6B of the Citizenship Act relates to the grant of citizenship to eligible persons belonging to specified communities from Afghanistan, Bangladesh and Pakistan who meet the conditions prescribed under the law. The Citizenship (Amendment) Act, 2019 inserted Section 6B into the Citizenship Act, while the Citizenship (Amendment) Rules, 2024 were notified subsequently to operationalise the amended provisions.
