The Registrar General of Citizen Registration may, in consultation with the Central Government, issue from time to time such guidelines to the State Governments as are considered necessary for implementation of these rules.
[See Rule 4-A(4)]
Special provisions as to Manner of Preparation of National Register of Indian Citizen in State of Assam
1. Definitions. (1) In this Schedule, unless the context otherwise requires,
(a) National Register of Citizens, 1951 means the Register containing details of Indian citizens residing in the State of Assam, as mentioned in the National Register of Citizens which was prepared along with 1951 census under a directive of the Ministry of Home Affairs;
6[(b) electoral rolls up to the midnight of the 24th day of March, 1971 means the electoral rolls containing details of voters prepared by the Election Commission of India or the State Election Commission of the State of Assam in a relevant period up to the midnight of the 24th day of March, 1971.]
(2) All other words and expressions used herein and not defined but defined in Rule 2 of these rules, shall have the meanings, respectively, assigned to them in that rule.
2. Manner of preparation of draft National Register of Indian Citizen in State of Assam. (1)(a) The District Magistrate shall cause to be published the copies of the National Register of Citizens, 1951 and 7[electoral rolls up to the midnight of the 24th day of March, 1971], as available, in sufficient numbers and publish it and send the same to the Local Register of Citizen Registration for wide circulation and public inspection in each village and ward.
(b) The Local Registrar of Citizen Registration shall select centrally located public places for display of the records and for issue and receipt of the application forms.
(c) The Local Registrar of Citizens Registration shall be the custodian of the records in the area under his jurisdiction and shall be responsible for its display during the officer hours.
(2) The Local Registrar of Citizen Registration shall receive the filled up application forms, at the same place where the applications are issued, and issue the receipt thereof of the applicant.
(3) The Local Registrar of Citizen Registration, after the receipt of the application under sub-paragraph (3) shall scrutinize the applications and after its verification, prepare a consolidated list thereof which shall contain the names of the following persons, namely:
(a) persons whose names appear in any of the 8[electoral rolls up to the midnight of the 24th day of March, 1971] or in National Register of Citizens, 1951;
(b) descendants of the persons mentioned in clause (a) above.
3. Scrutiny of applications. (1) The scrutiny of applications received under sub-paragraph (3) of Paragraph 2 shall be made by comparing the information stated in the application form with the official records and the persons, of whom the information is found in order, shall be eligible for inclusion of their names in the consolidated list.
(2) The names of persons who have been declared as illegal migrants or foreigners by the competent authority shall not be included in the consolidated list:
Provided that the names of persons who came in the State of Assam after 1966 and before the 25th March, 1971 and registered themselves with the Foreigner Registration Regional Officer and who have not been declared as illegal migrants or foreigners by the competent authority shall be eligible to be included in the consolidated list;
(3) The names of persons who are originally inhabitants of the State of Assam and their children and descendants, who are Citizens of India, shall be included in the consolidated list if the Citizenship of such persons is ascertained beyond reasonable doubt and to the satisfaction of the registering authority;
(4) The Local Registrar of Citizens Registration may, in case of any doubt in respect of parental linkage or any particular mentioned in the application received under sub-paragraph (3) of Paragraph 2, refer the matter to the District Magistrate for investigation and his decision and Local Registrar of Citizens Registration shall also inform the same to the individual or the family;
9[(5) The Local Registrar of Citizens Registration may, in respect of a person who
(a) was residing in a place other than the State of Assam up to the midnight of the 24th day of March, 1971; or
(b) has shifted from one district to another within the State of Assam up to the midnight of the 24th day of March, 1971,
verify information relating to such person through inter-State correspondence, or, as the case may be, through inter-district correspondence.]
4. Publication of consolidated list. (1) The Local Registrar of Citizen Registration shall, after completion of scrutiny of all applications, prepare the consolidated list village and wardwise and authenticate each entry in the list.
(2) The District Magistrate, shall cause to publish the consolidated list, prepared and authenticated under sub-paragraph (1), as draft of the National Registrar of Indian Citizens in the State of Assam, and cause to publish a public notice with regard to publication of the draft National Register of Indian Citizens in the State of Assam in the local newspaper having vide circulation in the village and ward inviting objections and suggestions on it.
(3) The Local Registrar of Citizen Registration may at any time before the final publication of the National Register of Indian Citizens in the State of Assam may cause or direct to cause verification of names of such persons considered necessary.
(4) The Local Registrar of Citizen Registration shall take special care in attending the instances of allegation of undue harassment, if brought to their notice during the conduct of verification and take necessary action as he may consider appropriate.
(5) The report of the verification shall be examined by the District Registrar of Citizen Registration.
(6) The District Registrar of Citizen Registration shall, by order, and for reasons to be recorded in writing for inclusion or, as the case may be, exclusion of names, dispose of the report of the verification, and the report of verification which are allowed for inclusion of names and which are not allowed for inclusion shall be kept separately, village and wardwise along with a list of all such cases.
5. Publication of additional list. (1) After the decision of the District Registrar of Citizens Registration under sub-paragraph (6) of Paragraph 4, the additional list, if any, to the draft National Register of Indian Citizens shall be published in the manner specified under Paragraph 2.
6. Claims and objection. (1) Any person may
(a) Whose names do not appear in the draft National Register of Indian Citizens published under Paragraph 2 or in the additional list published under Paragraph 4, file his claim, along with necessary documents in support thereof; or
(b) Object to inclusion of any name in the draft National Register of Indian Citizens published under Paragraph 2 or in the additional list published under Paragraph 4,
10[within a period of thirty days after the expiry of thirty days from the date of publication of the draft National Register of Indian Citizens, before the Local Registrar of Citizen Registration:
Provided that the Registrar General of Citizen Registration with the approval of the Central Government may extend the period of thirty days for receipt of claims and objections from the public, for a further period of a maximum of thirty days, if he is of the opinion that the period of thirty days is not sufficient for submitting the claims or objections, as the case may be.]
(2) The Local Registrar of Citizen Registration shall maintain the list of claims received under clause (a) of sub-paragraph (1) and the objections received under clause (b) of sub-paragraph (1) in separate registers in chronological order;
11[(3) The Local Registrar of Citizen Registration shall, give a notice to every person, who has filed his claim or objection under sub-paragraph (1), to file documents, if any, in support of his claim or objection and after giving the reasonable opportunity of hearing the applicant or the objector, as the case may be, the District Registrar of Citizen Registration shall dispose of the claim or objection, as the case may be.]
7. Publication of supplementary list. The Local Registrar of Citizen Registration shall, after the disposal of claims and the objections under sub-paragraph (3) of Paragraph 6, prepare and publish a supplementary list for inclusion or deletion of names, as the case may be, and thereafter, the Registrar General of Citizens Registration shall publish the final National Register of Indian Citizens in the State of Assam.
8. Appeal. Any person, not satisfied with the outcome of the decisions of the claims and objections under Paragraph 7, may prefer appeal, before the designated Tribunal constituted under the Foreigners (Tribunals) Order, 1964 within a period of 12[one hundred and twenty days] from the date of such order; and on the disposal of appeal by the Tribunals the names shall be included or deleted, as the case may be, in the National Register of Indian Citizens in the State of Assam.]