Gazette Notification on issue of Citizenship issue of Gorkhas
Posted by barunroy on June 9, 2008
(Published in the Gazette of India Extraordinary Part - I
Section 1 dated the 23rd August 1988 )
No. 26011/6/88-ICI
Government of India
Ministry of Home Affairs
New Delhi the 23rd August, 1988
NOTIFICATION
Whereas it has come to the notice of the Central Government that there have been some misconception about the citizenship at the commencement of the Constitution of India of certain classes of person commonly known as Gorkhas, who had settled in India at such commencement.
And whereas it is considered necessary to clear such misconception it is hereby clarified as follows:
(1) As from the commencement of the Constitution, that is as from 26-1-1950, every Gorkha who had his domicile in the territory of India, as defined in Article 1 (2) of the Constitution of India and
a. Who was born in the territory of India or
b. Either of whose parents was born in the territory of India.
c. Who had been ordinarily resident in the territory of India for not less than five years before such commencement shall b e a citizen of India as provided in Article 5 of the Constitution of India
(2) No such person as is referred to in paragraph (1) above shall be a citizen of India or be deemed to be a citizen of India if he has voluntarily acquired the citizenship of any foreign State, as provided in Article 9of the Constitution of India.
(3) Every person who is citizen of India at the commencement of the Constitution as aforesaid shall continue to be such a citizen subject to the provision of any law that may be made Parliament as provided in Article 10 of the Constitution of India.
(4) The provisions of the Citizenship Act 1965 and the Rules and orders made there-under shall apply to the persons referred to in paragraph (1) after the commencement of Constitution.
Sd/-
(INDRA MISRA)
Joint Secretary to the Government of India
June 10, 2008 at 6:50 pm
First of all congartulations barundai for the marvellous write up on nepal’s
democracy. It covers many aspects be it woes of poor or the abandoned children.Hope that you always light us through your artsitic taste of journalism
Now, coming back to darjeeling that it is really not advisable to go for strikes every day but we need to make aware our demands through democratic protests.i even think that we should not cripple life in darjeeling but should come to the national capital along with student association , ex soldiers and veterans of gorkha community. As the bandh had positive repercussions too, this was the first time that national media covered the situation at length be it times now, ndtv,or the haeadlines today(june10,2008telecast).
At least viewers from other parts of the country who watched can understand what gorkhaland is all about. Every thing has its merits or demerits.
Adding the previous comment i must say AASUs effort didnot go in vain it is very popular among the masses of assam, it reverts back when fees of colleges are hiked, it reverts when the unemployed people of assam do not get jobs in their own state,it holds out mass rally when people of north east are abused outside,it repeals the controvesial IMDT act which no other govt. could have ever imagined.
let gorkhas also show how can they retalite when abused, tortured-mentally or physically, manipulated in their own homeland.
June 21, 2008 at 4:16 pm
Jai Gorakh
We are all for a positive path I hope Mahakali shall show the way
July 2, 2008 at 12:50 pm
There was an article in The Telegraph of June 30. where the writer wrote “Guest is akin to God” where he mentioned that the Nepalis in India are Guest and these guest are treated as god as per the old tradition of this country. But he forgets to mention to whom he was reffering to, was he reffering to the Nepalse citizens who come here to meet their daily ends or was reffering to a large no. of people who are the very Indian citizens and speak the same langguage. Hope he dosen’t have a copy of this notification. Thank you for keeping us aware and make us feel confident that we are not outsiders or staying here as a Guest.
July 19, 2008 at 12:47 pm
We are opposing Gorkhaland or any partition and disintegration of West Bengal. India Government and West Bengal Government must consider the following demands in the interest of SECURITY QUESTION OF INDIA. Nepali infiltration must be stopped and they should be treated as per Bangladeshi migrants. Government must handled the all issues in strong hand.
DEMANDS OF UTTARBANGA JANA JAGARAN MANCH
1. Both the demands of Sixth Schedule and separate State of Gorkhaland would mean ultimate partition and disintegration of West Bengal. Both the demands should be rejected.
2. Darjeeling Gorkha Hill Council may be abolished and the Darjeeling District put directly under state administration, with Army protection.
3. Clause-VII Indo-Nepal Treaty of 1950 may be repealed to prevent foreign Nepali infiltration.
4. All foreign Nepalese should be identified and pushed back to Nepal, as per the Foreigners Act, 1864 as is being done in the case of illegal Bangladeshi migrants.
5. Border outposts be set up with barbed-wire fencing. Visa be introduced in the Indo-Nepal border as is the case with Bangladesh.
July 19, 2008 at 1:15 pm
BIMAL GURUNG IS DIVULGING IN
ANTI-SOCIAL/CRIMINAL ACTIVITIES
FROM THE STATESMAN
DARJEELING, July 16: The GJMM chief Mr Bimal Gurung today said that he would go underground for six months to carry out his “non-violent” activities. “I will go underground for six months but not to perpetrate violence. Some elements are posing a hurdle to the Gorkhaland movement. I shall keep these people away in an undisclosed location during my stay underground. They would be released only after Gorkhaland is achieved,” Mr Gurung said. Mr Gurung, however, did not specify when he would go underground or how he would get hold of those proving an impediment to the Gorkhaland struggle. He neither mentioned who all figured in his list as “hurdles” or if his act would be read as kidnap or not by the law. Although he said that the persons he would “keep away,” would be treated well, he did not divulge where he would confine them. The leader’s declaration has caused a stir in the political circle of the Hills.
September 24, 2008 at 7:02 pm
No question of separate Gorkhaland: Pranab
Sun, Jun 15 12:40 AM
The Centre stated clearly on Friday that it is against the demand for a separate Gorkhaland state, as put forth by the Gorkha Janmukti Morcha (GJM). “We are not in favour of a separate state,” External Affairs Minister Pranab Mukherjee said.
Speaking to reporters after the conclusion of the annual general meeting of the Merchants’ Chamber of Commerce, Mukherjee, however, added that the government was willing to hold talks with the GJM provided there were no pre-conditions. Mukherjee also met with West Bengal Chief Minister Buddhadeb Bhattacharjee for about 10 minutes, during which the latter reportedly convinced Mukherjee that the Centre should neither agree to the Gorkhaland demand nor push Sixth Schedule status for Darjeeling in the Lok Sabha.
With his back to the wall following the GJM’s refusal to talk with the state and its insistence on direct discussions with the Centre, Bhattacharjee is desperate to have the Congress-led UPA government on his side. He explained to Mukherjee that the GJM and its chief, Bimal Gurung, have not been invited to the all-party meet on June 17 since theirs was not a registered political outfit.
The CM however said he was open to have talks with the outfit. Mukherjee mirrored the state’s stand : “The Centre is ready to hold talks with the GJM, but without any preconditions.
And there is no question of a separate state.” Bandh loss Rs 15 cr daily With the GJM calling an indefinite bandh, industry insiders estimate trade and tourism in the region have been hit by losses of Rs15 crore per day.
According to Biswajit Das, general secretary of Federation of the Chambers of Commerce and Industry, North Bengal (Focin), the strike in the hills is taking a huge toll on Siliguri’s business community, which is losing nearly Rs 4.5 crore every day. “Darjeeling traders are suffering a loss of Rs 1.5 crore per day.
And Bhutan, Cooch Behar and Jalpaiguri district are losing another Rs 3 crore of revenue because of the frequent bandhs in Bengal,” he said. The frequent bandhs in West Bengal have forced the Sikkim government to carry out a survey into their financial losses, which works out to an estimated Rs 5.9 crore per day.
“The survey done in February 2008 helped us compute the daily loss Sikkim suffered every time NH 31 became out of bounds for Sikkim traffic,” Sikkim tourism secretary, S B S Baduria told Hindustan Times from Gangtok. Highlighting its problems, the Sikkim government has asked the Bengal and Union governments for immediate action.