Indian Citizen how to become citizen of india

One of my friend from Nepal who was studying in our college was asking procedure to obtain Indian citizen ship and how to apply for Indian citizen ship in India though he had stayed more than 12 years in India he asked for procedure so thought of posting the rules and procedure here

(1) By Birth (Section 3)

(i) A person born in India on or after 26^th January 1950 but before 1^st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.

(ii) A person born in India on or after 1^st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.

(iii) A person born in India on or after 3^rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.

An “illegal migrant” as defined in section 2(1)(b) of the Act is a foreigner who entered India

(i) without a valid passport or other prescribed travel documents : or

(ii) with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time.

(2) By Descent (Section 4)

(i) A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.

(ii) A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.

(iii) A person born outside India on or after 3rd December, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.

Procedure

• Application in relevant Form for grant of Indian citizenship by registration under section 5 has to be submitted to the Collector/District Magistrate of the area where the applicant is resident.
• The application has to be accompanied by all the documents and fees payments as mentioned in the relevant Forms.
• It is very important that applications are complete in all respects otherwise valuable time of the applicant would be lost in making good the deficiencies after they were detected.
• The application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government/UT Administration within 60 days.Thereafter, the State Govt./UT Administration shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days.
• Each application is examined in MHA in terms of the eligibility criteria under the Citizenship Act, 1955 and the Citizenship Rules, 1956. If the applicant is not fulfilling the eligibility criteria, communication to this extent would be sent through the State Govts./UT Administration. Any deficiency in the application would be brought to the notice of the applicant through the State Govt./ UT Administration. The applicant, thereafter, has to make good the deficiency through the State Govts./UT Administration.
• No correspondence would be made directly with the applicant. However, a copy of the correspondence through the State Govts./UT Administration would be marked to the applicant. Each applicant whose case is found to be eligible after scrutiny of application is informed about the acceptance of his application through the State Government.
  
• The applicant should not renounce his foreign citizenship till the citizenship application is accepted and informed of the decision. The applicant is then required to furnish through the State Government, a certificate of the renunciation of his foreign citizenship issued by the mission of the concerned country, proof of fee payment as per SCHEDULE IV of the Act, and personal particulars in Form-V. Thereafter, a certificate of Indian citizenship is issued to the applicant through the State Government.