Act 001 of 1935 : Indian Naturalization (Amendment) Act, 1935

Preamble

Indian Naturalization (Amendment) Act, 19351

[Act No. 1 of 1935][26th February, 1935]

Passed by the Indian Legislature.

An Act to amend the Indian Naturalization Act, 1926, for certain purposes.

Whereas it is expedient to amend the Indian Naturalization Act, 1926 (VII of 1926), for the purposes hereinafter appearing; It is hereby enacted as follows:-

1 Received the assent of the Governor General on the 26th February 1935.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the "Indian Naturalization (Amendment) Act, 1935".

(2) It shall come into force on such date as the 1[President] in Council may, by notification in the Gazette of India, appoint.

1 A.L.O., 1950 [C.O. 4], dt. 26-1-1950 (w.e.f. 26-1-1950).

Section 2. Amendment of section 7, Act VII of 1926

2. Amendment of section 7, Act VII of 1926.- In sub-section (1) of section 7 of the Indian Naturalization Act, 1926 (VII of 1926) (hereinafter referred to as the said Act), the words "the wife of any such person" shall be omitted, and to the said sub-section the following words shall be added, namely:-

"and the wife of any such person to whom a certificate of naturalization is granted after the commencement of the Indian Naturalization (Amendment) Act, 1935, shall, if not already a British subject, in like manner be so deemed and be so entitled and so subject, if within one year, or such longer period as the Local Government may in special circumstances allow, from the date of the taking and subscribing of such oath by her husband, she makes to the Local Government a declaration that she desires to be deemed to be a British subject".

Section 3. Amendment of section 9, Act VII of 1926

3. Amendment of section 9, Act VII of 1926.- In sub-section (2) of section 9 of the said Act,-

(a) before the proviso the following proviso shall be inserted, namely:-

"Provided that no such order shall be made in the case of a wife unless by reason of the acquisition by her husband of a new nationality she has also acquired that nationality:"; and

(b) in the existing proviso, after the word "Provided" the word "further" shall be inserted,

Section 4. Amendment of section 10, Act VII of 1926

4. Amendment of section 10, Act VII of 1926.- To sub-section (2) of section 10 of the said Act the following proviso shall be added, namely:-

"Provided that the wife of any such person shall not cease to be deemed to be a British subject under this sub-section, unless by reason of the acquisition by her husband of a new nationality she has also acquired that nationality.