 
# About the Portuguese Citizenship of the Citizens born in the Former State of India and their Descendants

by

Miguel Reis

SMASHWORDS EDITION

* * * * *

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Miguel Reis on Smashwords

About the Portuguese Citizenship of the Citizens born in the Former State of India and their Descendants

Translated from

A Questão da Nacionalidade dos Cidadãos Nascidos no Antigo Estado da Índia e dos seus Descendentes

(Short Version)

By

Larissa Bona

Copyright © 2010 by Miguel Reis

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## I. The territories of the State of India according to the Portuguese Law, Indian Law and International Law

Considered as Portuguese territories by the Constitution of the Portuguese Republic of 1933, the territories of Goa, Daman and Diu, and the enclaves associated to them, were classified as non-independent territories by the Resolution 1542 (XV) of the United Nations General Assembly of 15th December 1960 (1)

The Resolution 1514 (XV), better known as «Declaration on the Granting of Independence to Colonial Countries and Peoples» established that _«All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development»_

On the other hand, the Resolution 1541 sanctioned the principles that the colonial territories should be submitted to in order to reach their own full government: emergence as a sovereign independent State; free association with an independent State; or integration with an independent State.

Regarding to Goa, Daman, and Diu, as the first two options were not followed, only the third option was left to be adopted – integration with the Indian Union. Now, in respect to the third option, the Resolution 1541 (XV) specifies the circumstances in which this integration may be carried out.

The principle IX of Resolution 1541 (XV) determined the following:

_«The integrating territory should have attained an advanced stage of self-government with free political institutions, so that its peoples would have the capacity to make a responsible choice through informed and democratic processes._

_The integration should be the result of the freely expressed wishes of the territory's peoples acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage. The United Nations could, when it deems it necessary, supervise these processes. »_

On the opinion of the Portuguese government, these principles could not match with a pure and simple military occupation.

The Indian Union, that had passed an act aiming the integration of the enclaves of Dadra and Nagar Haveli to its territory in August 1961, would take all measures it considered appropriated as means to respect those United Nation Resolutions.

It is important to notice that the Constitution of the Republic of India expressly (2) provided that, since its original version, the Indian Territory would comprise «other territories as may be acquired» (3). Therefore, it could bring to the conclusion that the integration of the territories of the Portuguese colonies in India (4) with the territory of the Union was contained in the constitutional forecast, in the same way that the disposal of territories, by any means, was not anticipated by the Constitution of the Portuguese Republic.

The Constitution (Tenth Amendment) Act, 1961 (5), of 16th August 1961, has integrated the territories of Dadra and Nagar Haveli, and has come into force on 11th August 1961, based on the «acquisition».

The justification for the amendment, whose proposal was signed by Pandit Nehru, was that the peoples of the enclaves were insistently requesting the integration of their territories with the Indian Union.

The Constitution (Twelfth Amendment) Act, 1962 (6), of 27th March 1962, has integrated the territories of Goa, Daman and Diu with the territory of the Union, and it has come into force on 20th December 1961.

The statement of object and reasons of this amendment says _«On the acquisition of the territories of Goa, Daman and Diu with effect from the 20th December, 1961, these territories have, by virtue of sub-clause (c) of clause (3) of article 1 of the Constitution, been comprised within the territory of India from that date and they are being administered by the President through and Administrator in accordance with article 239 of the Constitution»._

Consonant to the Constitutional Law of India, the territories of Dadra and Nagar Haveli have become part of the Indian Territory since 11th August 1961 and those of Goa, Daman and Diu since 20th December 1961.

Notwithstanding, the position of the United Nations and Portugal was different.

Portugal continued to consider those territories as a Portuguese dominion and the United Nations kept considering them as non-independent territories, under the terms of the reported Resolution 1542 (XV) of the United Nations General Assembly of 15th December 1960.

On 17th February 1962, was published the Act 2112 that enacted «the basis to assure the government of the State of India» whilst the occupation was being carried out.

The Basis I of this act established that _«while the territory of the State of India continue to be hindered of the full and effective exercise of the Portuguese sovereignty, the Government of the province, with all its government departments and provincial administration services, shall function in Lisbon», and it might be transferred to another place of the territory by the Overseas Minister, «if the circumstances advises it»._

Regarding to the matter of the nationality of the citizens born in the territory, the act contains a special provision (Basis V), in which is expressly affirmed the following:

_«The Portuguese legislation upon the nationality continues to be applied concerning to the State of India, considering irrelevant any other legal or of other nature provisions about this subject which have been adopted or come to be adopted whilst the exercise of the Portuguese sovereignty is not re-established»._

This act has never been revoked and the rule of the Basis V cannot be considered as derogated, which has confirmed the application of the nationality rules relating to the territories considered as occupied by the Republic of India.

After the democratic revolution of 25th April 1974, the Portuguese authorities opened negotiations with India, in order to sort out the issue of the State of India, which has remained open before the United Nations.

Subsequently to a bilateral meeting in September 1974, in New York, Portugal and India signed, on 31st December 1974, the _«Treaty on recognition of India's sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli and related matters»_ (7). (8)

This Treaty, written in a extremely accurate diplomatic language, begins its introduction by referring to the joint statement «signed in New York on 24th September 1974, during the 29th Session of the United Nations General Assembly, in which both parties expressed the intention to restore diplomatic and consular relations between both countries and agreed upon cooperating between themselves in order to promote the Portuguese language and culture and the preservation of historical and religious monuments in Goa, Daman, Diu, Dadra e Nagar Haveli».

The next paragraph of the introduction mentions the «Constitutional Law nº 9/74 of 15th October 1974 published in the State Gazette of Portugal (that) authorises the President of the republic of Portugal to conclude an agreement between Portugal and India by which Portugal recognises the full sovereignty of India over the territories of Goa, Daman, Diu, Dadra and Nagar Haveli and that this recognition would imply the abrogation of the corresponding part of Article 1 of the Portuguese Constitution of 1933.»

In the Article 1, which we quote, _«Portugal acknowledges that the territories of Goa, Daman, Diu, Dadra and Nagar Haveli have already become part of India and hereby recognises the full sovereignty of India over these territories with affect from the dates when they became parts of India under the Constitution of India.»_

Portugal has not transferred those territories to the Republic of India, which were considered as possessions of Portugal under the terms of the Constitution of 1933. Portugal has only restricted itself, by the way in compliance with the expressed will of India, to recognise that such territories «have become part of India » and to recognise the full sovereignty of India over the same territories, from the dates that they have become part of India according to the respective constitution, which are the 10th and 12th amendments, before mentioned.

As it was seen before, the Act 2112, of 17th February 1962 had already recognised, implicitly, the sovereignty of the Republic of India over those territories, which had been deducted from the Portuguese sovereignty. Through this Act, even though Portugal has not recognised a de jure sovereignty of the Indian Union, it affirmed and recognises, with no doubt, a _de facto_ sovereignty generated by _manu militari_.

What the Treaty of 31st December has come to say may be summed up into two essential points:

a) Portugal recognises the fact that the territories of the State of India have become part of the Republic of India;

b) Portugal recognises the full sovereignty of India over such territories, from the date they were integrated with the Indian Territory, under the terms of the Constitutional Indian provisions.

The essential novelty lies down on the acknowledgement that the territories of the State of India have become part of the Republic of India, a reality that the former Portuguese regime had never accepted or recognised before. The acknowledgement of the full sovereignty of India over those territories is a consequence of the acknowledgement of the integration and a sequence of the modification of the de facto sovereignty into a _de jure_ sovereignty, only possible in a scenario of resignation of sovereignty, established at the Portuguese Constitution of 1933.

For this reason, the Treaty was legalised under the protection of an authorisation granted to the President of the Republic by the Constitutional Law 9/74 of 15th of October, whose single article establishes the following:

_«Single Article. It is authorised to the President of the Republic, heard the National Salvation Board, the State Council and the Provisory Government, to come to an agreement between Portugal and the Indian Union, by which Portugal acknowledges the full sovereignty of the Indian Union over the territories of Goa, Daman, Diu, Dadra, and Nagar Haveli, implying this acknowledgement in the abrogation of the correspondent part of the article 1 of the Political Constitution of 1933. »_

This Treaty has allowed solving up a matter of international litigation between Portugal and the Republic of India, which was being dragged with no solution at the International Court of Justice in The Hague, since 1961.

The most relevant matter here is to establish when the Treaty has come into force.

In compliance with the Decree 267/75 of 17th April 1975, the Treaty signed between Portugal and India was approved for ratification on 5th April 1975.

Under the terms of the article 7 of the treaty, it would only come into force after the exchange of the instruments of ratification, which according to what was agreed upon, should be made in Lisbon.

The Notice of 18th June 1977 came to announce that «on 3rd June 1973, the instruments of ratification of the Treaty between India and Portugal on Recognition of India's Sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli and Related Matters were exchanged, under the terms of its article 7, by which has come into force on that date».

This is, obviously, a mistake. Instead of 3rd June 1973, it should be read 3rd June 1975, the real date of the exchange of the instruments of ratification.

Being right that the Treaty itself established the date of its effectiveness as the same of the exchange of letters, which has taken place on 3rd June 1975; it seems to us that the mistake of the notice is irrelevant, being equally irrelevant, before such agreement, the date of the notice published in India.

In compliance with this understanding, the territories that used to make part of the State of India ceased to be Portuguese territories, according to the Portuguese law, on 3rd June 1975, on account of the provisions of the Constitutional law 3/74, of 14th May, Constitutional Law 9/74 of 14th October and of the Decree 206/75 of 17th April, to which the Treaty was attached in order to be published. (9).

There was not an express revocation of the Act 2112 of 17th February 1962, however, reaching the conclusion that this Act was derogated by the Decree 206/75, with legal consequences only from the effectiveness of the Treaty on. Definitely, only with the effectiveness of the Treaty, agreed upon the terms of its article 7, is that, by one hand, the referred territories have legally ceased to be Portuguese territories and the Indian sovereignty over these territories has become lawfully recognised by Portugal, with all consequences from there arisen.

## II. The Portuguese decolonisation and the Decree-Law 308-A/1975 of 24th June

The Portuguese _Estado Novo_ (10)– a dictatorship started in 1928 and consolidated in 1933 – succumbed to a military coup on 25th April 1974, which has created conditions to the democratisation of the country.

At the announcement made by the National Salvation Board, through the voice of the general António de Spínola, continued to affirm the intention to _«grant the survival of the Nation as a Sovereign Country on its full pluricontinental»._

Nonetheless, the development of the political procedure would have to put de decolonisation as one the main goals of the 2nd Republic.

At the speech during the inauguration of the governors of Angola and Mozambique, on 11th June 1974, the President of the Republic at that time, António de Spínola, considered the self-determination principle as an essential vector of the decolonisation process. Nevertheless, the processes have been rushed and Spínola fell after the movement of 28th September and the government released the colonies to the freedom movements that were fighting for their independence, through bilateral agreements with them.

The procedure of the acknowledgment of the sovereignty of the Republic of India over the territories that used to form the State of India was an autonomous and unusual procedure, yet inserted in the global process of decolonisation.

One of the issues that a decolonisation procedure necessarily raises is the matter of the nationality of the citizens that were born in the colony and then have become the new people of the new State, resulting from the decolonisation.

This matter was solved up by Portugal through the Decree-Law 308-A/1975, of the 24th June.(12) As it is informed at its introduction, it intends to except the general nationality rule contained in the Act 2098/1959, of 29th July.

The act justifies itself with _«the access to the independence of the overseas territories under the Portuguese administration, resulting from the decolonisation process in operation »_ and _«the acquisition of the new nationality by individuals that (...) had the Portuguese nationality and, on the other hand with the convenience to concede or make possible the maintenance of the Portuguese nationality in the cases where there is a special connexion with Portugal or unequivocal expression of the will in this meaning to justify it»._

In very general terms (13), in a first group of those who maintained the Portuguese nationality, there are those who were born in the new countries, from a father or mother who was born in Portugal and the archipelagos of Madeira and Azores, those who were born in the State of India, as long as they state they want to be Portuguese citizens and the wives of both cases.

In a second group are included those who maintained the Portuguese nationality because they are descendents until the 3rd generation of:

• those born in continental Portugal and adjacent islands;

• the nationalised (14);

• those who were born abroad from a father or mother born in continental Portugal or adjacent islands, or naturalised as Portuguese citizens;

• Those born in the former State of India, unless they have declared, within the deadline of two years, that they no longer wish to be Portuguese.

Under the terms of the article 4 of this act, _«the individuals born or resident in overseas territories made independent which are not embraced by the previous provisions »_ (15) shall lose the Portuguese nationality.

Relatively to the citizens born in the former Portuguese State of India, who were not residing in the territories that have become independent, the Decree-Law 308-A/1975 of 24th June has no further relevance.

The act is applied to the Portuguese citizens «resident in overseas territories made independent» (16), not having, therefore, any applicability towards the territories of the former State of India, which were not made independent, but were integrated with the Indian Union.

It should be noticed that on the date in which this act was published, the treaty between Portugal and India, for the regulation of the issue of these territories, had already been signed and ratified. (17).

The most interesting is the distinct treatment given by this decree-law to the citizens born in «the former State of India» and to its descendents until the 3rd generation, resident in the new independent countries, which are put in the same level of the Portuguese citizens born in Portugal and adjacent, since they state they wish to maintain the Portuguese nationality.

The Portuguese State wanted to provide, to the citizens born in the former State of India, a status completely different from the one of the peoples of the other colonies. For this reason, this law not only has not provided for the loss of the nationality, on account of the nationality of the State they have integrated, but also guaranteed the maintenance of the Portuguese nationality by those who were living in the other colonies that have become independent, as long as they state their wish to continue to be Portuguese. This is something that it has not done, for instance, regarding to the Angolans that were living in Mozambique or to the Mozambicans that were living in Angola (18).

Summing up, relating to those born in the former State of India living in the ex-colonies, under the terms of the article 1 of the Decree-Law 308-A/75 of 24th June, there are the following scenarios:

1. Shall maintain the nationality the following Portuguese, resident in the overseas territory that has become independent:

(...)

e) Those born in the former State of India who state the wish to maintain the Portuguese nationality;

f) The woman married with, widowed or divorced from one of the Portuguese citizens referred to at the previous sections and the underage children of these previously mentioned Portuguese citizens.

2. The remainder descendents until the third generation of the Portuguese citizens referred to at subsection (...) e) of previous section also maintain the Portuguese nationality, except if, within the deadline of two years, counting from the date of the independence, state by themselves, being of full age or emancipated, or through their legal representatives, if legally unfit, that they do not wish to be Portuguese.

##

## III. Sovereignty, territory and nationality

Since when Jean Bodin (1529-1596) created a structured concept of sovereignty (19), a lot of water has passed under the bridge. The idea of an absolute and perpetual power, only limited by the law of God and by the law of nature, has evolved in a special way after the French Revolution, which has returned the sovereignty to the citizens and has made of them the essential element of the states. To Bodin, the sovereign power was gift from Heaven, which justified the obedience of the vassals. Jean-Jacques Rousseau transferred the concept of sovereignty from the person of the ruler to the whole people and lifted up the general will on its source.

The concept of sovereignty that has been established from the 19th century on has come to point out that it does not belong to any particular authority, but to the State while legal person. At present, the citizenship or nationality are not, in a certain way, more than the relation between the citizens and the states, being up to each one of the states, exercising their sovereign power, establish the rules to admit the citizens as their nationals.

It is not possible, due to this reason, for a state to remove, from a specific citizen, his quality of being a national of another country, even if this citizen lives in its territory

This reflection is especially important when it comes to the Portuguese nationality of the citizens born in the former State of India.

Even if, at the situation previously cited, the Republic of India intended to annul, through the territorial integration, the nationality of the Portuguese residing in those territories, it could not do it without the intervention of Portugal and, much less, against the will of Portugal.

What it could do – and effectively has done – due to the sovereignty that it has taken over the territories (and here it is not being discussed whether such assumption was lawful or unlawful in accordance with the International Law) was to impose to them another nationality: the Indian.

When the Indian Union occupied the former State of India, Portugal expressly recognised that _«the territory of the State of India was deducted from the full and effective exercise of the Portuguese sovereignty »(_ 20) however, has not abdicated its sovereignty over those territories, especially regarding to its relation to the Portuguese nationals of the territory, whose occupation continued to be considered as unlawful by Portugal until the treaty signed in 1974.

Portugal has kept considering those territories as Portuguese and the people born in the territory of the former State of India as ope legis Portuguese, in spite of having its sovereignty over those territories deducted.

As we have explained previously, the territories of the former State of India were integrated with the Republic of India, due to constitutional amendments to the Indian Constitution, made in 1961 and 1962. Notwithstanding, the Portuguese Republic just recognised this integration in 1974 and with effects from the exchange of ratification letters of the treaty between the countries.

The qualification of the territory as a Portuguese territory is a juridical qualification. And it is under this perspective that this element shall be appreciated as an essential reference element to the acknowledgement of the Portuguese nationality, according to the rules in force in the Portuguese Law during the period between the date of the «acquisition» of the territories by the Republic of India, by virtue of the mentioned constitutional amendments and the abdication of the sovereignty by Portugal.

And it is not even possible to argument that an opposite theory is supported by the article 1 of the Treaty, which establishes:

_«Portugal acknowledges that the territories of Goa, Daman, Diu, Dadra and Nagar Haveli have already become parts of India and hereby recognises the full sovereignty of India over these territories with effect from the dates when they became parts of India under the Constitution of India. »_

What this provision brings is the recognition of sovereignty of fact, and not of law, since the integration of the territories with India and not a renunciation, with retroactive legal effects over the formal sovereignty that Portugal continued to claim and to exercise until the date the treaty has come into force.

And it could not be made any other way, under the Portuguese constitutional provisions and the legislative authorisation brought by the Constitutional Law 9/74, which has consented the President of the Portuguese _Republic « to conclude an agreement between Portugal and India by which Portugal recognises the full sovereignty of India over the territories of Goa, Daman, Diu, Dadra and Nagar Haveli and that this recognition would imply the abrogation of the corresponding part of Article 1 of the Portuguese Constitution of 1933.»_

It is clear that neither the legislative authorisation permitted the retroactive abrogation of the Constitution nor the text of the Treaty allowed concluding that there was a retroactive derogation.

Thus, it must be considered that the territories of Goa, Daman, Diu and their enclaves were, lawfully, Portuguese territories (for the effects of the Constitution of 1933, of the Act 2098 and Act 2112) until 3rd June 1975, date when the Treaty signed between Portugal and the Republic of India came into force.

Naturally, the perspective of the Republic of India is different from the Portuguese one.

## IV. The acknowledgement of the Indian nationality following «the acquisition» of the territories if the former State of India by the Indian Union

As it has already been said, India established that, in compliance with its constitutional law, has acquired the territories of Dadra and Nagar Haveli on 11th August 1961 and Goa, Daman and Diu on 20th December 1961.

Only later is that Indian recognised the Indian nationality of the Portuguese citizens of from those territories.

The Indian citizenship is determined by the articles 5 to 11 of the Indian Constitution, which states: (21)

«5 – At the commencement of this Constitution, every person who has his domicile in the territory 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: or

(c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India

6. Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if—

(a) he or either of his parents or any of his grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and

(b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or

(ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government.

Provided that no person shall be so registered unless he has been resident in the territory of India for at least six months immediately preceding the date of his application.

7. Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India.

Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

8 Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grandparents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefore to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

9. No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

10. Every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.

11. Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

The meaning of the constitutional text is obvious, and there is no need to put much effort on the reading to realise that, even before «the acquisition» of the territories by India, some of the residents in the former State of India could, simultaneously, hold the Portuguese and Indian nationalities, being relevant to highlight two situations:

a) The one of the children of Indian citizens born in the Portuguese territory;

b) The one of the children of Portuguese citizens born in India, who later has settled in the State of India.

Regarding to the Portuguese citizens (defined as such by the Portuguese laws) born in those territories, they have turned themselves into Indian citizens following «the acquisition» of the referred territories, under the Constitution of India and the citizenship orders, which are going to be further mentioned. Until this moment, for the Indian law, they were just Portuguese citizens.

The Republic of India has published express laws concerning to the nationality of those residing in Goa, Daman and Diu and in the enclaves of Dadra, Nagar Haveli and Tiracol.

This citizenship order established that:

« Every person who or either of whose parents or any of whose grandparents was born before the twentieth day of December, 1961, in the territories now comprised in the union territory of Goa, Daman and Diu, shall be deemed to have become a citizen of India on that day.

Provided that any such person shall not be deemed to have become a citizen of India as aforesaid if within one month from the date of publication of this Order in the Official Gazette that person makes a declaration in writing to the Administrator of Goa, Daman and Diu or any other authority specified by him in this behalf that he chooses to retain the citizenship or nationality which he had immediately before the twentieth day of December, 1961.

Provided further that in the case of a child, the declaration under the preceding proviso of the father, or if he is dead of the mother, or if both parents are dead, of the legal guardian, shall determine the citizenship or nationality of such child if on the date of such declaration he is below eighteen years of age, but such child may, within six months after attaining the age of eighteen years, make a declaration in writing to the Administrator of Goa, Daman and Diu or any other authority specified by him in this behalf that he wishes to acquire Indian citizenship and shall there upon become a citizen of India.»(22)

The special laws with the purpose to rule the acknowledgment of the Indian citizenship of those who were born in the attached territories, according to the constitutional amendments of the Republic of India, which regularised the acquisition of the former Portuguese colonial territories, produced an ex lege acknowledgement of the Indian citizenship of the citizen born in those territories.

This is not about an attribution or acquisition of the nationality, in similar meaning to the Portuguese rules, but an acknowledgement of the national condition of the Indians, in connection with the territorial integration. The law states that those born in such territories «shall be deemed to have become a citizen of India»; due to the fact they belong to those territories. However, it goes further, taking into account that Indian are not only those who were born in the mentioned territories, but also their children and grandchildren.

The Indian laws are absolutely neglectful with regard to the loss of the Portuguese nationality, yet, allowing that those citizens who choose to maintain the nationality they had before by declaring, within a month, their intention to decide for the Portuguese nationality, to implicitly waive the Indian nationality.

In despite of the text of the laws to affirm the acknowledgement of the Indian nationality, notwithstanding, without fixing the loss of the Portuguese nationality, there are several Indian authors supporting that, under the Indian laws, the citizens who were deemed to have become Indian, by the cited rules, have lost the Portuguese nationality.

It is not clear that the legislator intended to push the loss of the Portuguese nationality by the citizens who were, due to the law, considered as Indian citizens, even though it is unequivocal that the persons who categorically chose to maintain the Portuguese nationality, which used to be their nationality before the acquisition of the concerned territories by the Republic of India, were not recognised as Indian citizens.

The citizenship is also, in a sense, an indication that a person belongs to a certain state. What is determined by the «citizen's orders» is that those citizens were deemed to have become Indian citizens, which is something that India could, naturally, declare within its sovereignty. On the contrary, India could not rule, as it has not done, the loss of the Portuguese nationality, which is an issue of the Portuguese sovereignty.

The Republic of India could have caused the loss of the Portuguese nationality of the citizens born in those colonies through coercion, once the Portuguese Nationality Act, that was in force during that period, provided for the loss of the Portuguese nationality by those who, voluntarily, obtain another nationality (23), and for this purpose, all that India had to do was to oblige these people to declare their will to be Indian in order to grant the Indian citizenship.

As there is not any provision, in Indian Law, that imposes, the obligation to choose the Indian nationality to the cited citizens, it seems clear and unequivocal that the acquisition of the Indian nationality has not implied, under the legal terms, loss of the Portuguese nationality.(24)

The Indian Nationality Law has suffered successive alterations, reinforcing a jus sanguinis logic. Any person born in the territory of India after 26th January 1950, but before 1st July 1987, was considered an Indian citizen by birth.

The persons born in the Indian Territory after 1st July 1987 only are Indians if at least one of the parents is an Indian citizen on the date of the birth.

The persons born in the Indian Territory after 3rd December 2004 are deemed as citizens of India if both parents are Indian citizens or if one of them is an Indian citizen and the other is not an illegal immigrant, on the date of the birth.

Under the terms of the article 9 of the Indian Citizenship Act (25), the citizens that, through naturalisation, registration or any other form of acquisition of nationality, obtain a foreign nationality, shall lose the Indian citizenship.

During several years, the Indian authorities considered the fact of an Indian citizen holding a passport of another country as enough evidence to prove the acquisition of another nationality, which implied the ceasing of the Indian nationality.

On 22nd December 2003, the Indian parliament passed the Citizenship (amendment) Bill, 2003, which has made possible the dual citizenship to the so called PIO (person of Indian origin), which breached the dual citizenship prohibition.

Essentially, aiming to maintain the Indian nationality of millions of Indians spread all over the world, this act has made things easier to those who once were citizens of the former Portuguese colonies and their descendents.

## V. Who the Portuguese of the former State of India are

The main goal of this work is to make a reflection about the Portuguese nationality of the citizens of the former Portuguese State of India and not about the acquisition of the Portuguese nationality by their descendents or other persons linked to them, that may be entitled to the Portuguese nationality due to the Nationality Act that is currently in force.

It is especially relevant to this analysis to observe the Portuguese Constitution of 1933, the Portuguese Civil Code of 1867, the Act 2098 of 29th July 1959 and the Act 2112 of 14th February 1962.

The Decree-Law 308-A/75 of 24th June and the Decree 267/75 of 17th April (this last one has approved the ratification of the Treaty on recognition of India's sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli and related matters) are also very important to this study.

In order to set a strict parameter to this matter, it is vital to recall the conclusions drawn from the past items:

a) The territories that used to make part of the former State of India were military occupied by the Army of the Indian Union and, legally acquired, through two amendments to the Constitution of India, on 11th August 1961 (Dadra and Nagar Haveli), and on 20th December 1961 (Goa, Daman and Diu).

b) These territories, in despite of the effective integration with the Republic of India, continued to be considered as Portuguese territories by the Portuguese laws.

c) These territories were considered, by the United Nations, as non-independent territories until the recognition of its integration with the territory of India via a treaty signed between Portugal and the Republic of India.

d) The mentioned treaty, approved for ratification by the Decree 206/75 of 17th April, established in Article 7 that the treaty was going to be come in force on the date of the exchange of the ratification letters.

e) The exchange of ratification letters was made in Lisbon, on 3rd June 1961 (26).

The citizens born in the former State of India, as much as it is identified by the Portuguese rules, are Portuguese citizens, as long as they were born until 3rd June 1975 (27).

In practical terms, it is important to qualify the following groups, under the Act 2098 of 29th July 1959, which are entitled to the Portuguese nationality due to having been born in those territories:

Pursuant to the terms of Basis 1 of this act, are Portuguese, as long as born in the Portuguese territory, the following:

i. Children of Portuguese father;

ii. Children of Portuguese mother, whose father is stateless, Portuguese citizen or incognito;

iii. Children of stateless, of unknown nationality or incognito parents;

iv. Children of foreign father, except if the father is in the Portuguese territory as means to serve the State he belongs to;

v. Children of foreign mother, if the father is stateless, of unknown nationality or incognito, except if the mother is in the Portuguese territory as means to serve the State she belongs to.

All those exposed in the Portuguese territory are presumed to be born there. Consequently, according to this presumption, the citizens born and exposed in the territories of the former State of India until 3rd June 1975 are Portuguese.

Among those born in the territory, were only excluded the children of foreign father who was serving his country abroad and the illegitimate children of Portuguese mother.

The classification of the illegitimate children and the access to the nationality by the illegitimate children of Portuguese mother, currently, shall be disregarded, taking into account that the provision of the act 2098, which makes such classification, is unconstitutional.

It is understood that, as per Act 2098, the children of foreign citizen, born in the former State of India, since their parent is not there to serve a foreign state, are Portuguese.

According to the Basis 10 of the Act 2098, the foreign women married to Portuguese citizens are also Portuguese. Nonetheless, the Portuguese women who got married to foreign citizens without the express waiver to the foreign nationality of the husband, during the effectiveness of this law (28) have lost the Portuguese nationality. However, they may recover it under the terms of article 31 of Act 37/81 of 3rd October and of article 65 of the Nationality Regulations, approved by Decree-Law 237-A/2006 of 14th December.

## VI. Maintenance of the Portuguese nationality by the Portuguese from the former State of India

The Act 2098 of 29th July 1959 punished the voluntary acquisition of foreign nationality by Portuguese citizens with the loss of the Portuguese nationality (Basis 18, a). The same punishment was established (Basis 18, b) to those citizens who «without the permission of the Government, accept a public job or serve the Army of a foreign State, if they do not quit the job or leave the army within the deadline fixed by the government, except in case they are also citizens of the foreign country.

Besides these two situations, it is relevant the loss of the Portuguese nationality by the Portuguese women who got married to foreign citizens, during the effectiveness of Act 2098 of 29th July 1958

Regarding to the Portuguese of the former State of India, referred to in the first two situations, they have not lost the nationality because they have not acquired the Indian nationality as consequence of their will, being the acknowledgement of their Indian nationality derived from the Indian law itself.

The women who got married to foreign citizens before the current Nationality Act come into force may have lost the nationality, yet, still being able to recover it.

Nevertheless, even if, theoretically speaking, the citizens referred to in the first two situations had lost the Portuguese nationality; this loss would be ineffective, since it has not been registered at the Portuguese Civil Register Office.

On 15th January 2004, the Organic Law 1/2004, which has altered articles 30 and 31 of Nationality Act, was published and it has established new rules for the reacquisition of the Portuguese nationality by citizens who have lost it due to having acquired a foreign nationality as result of their will.

Under the terms of Article 2 of Act 74/1998 of 11th November, this rule has come into force in the continent on 20th January, in the archipelagos of Madeira and Azores on 30th January and in Macau and other countries on 14th February. Most of people are completely unaware of this important Act.

In the former Nationality Act situation (Act 2098 of 29th July 1959) the women who get married to foreign citizens or to a Portuguese citizen who acquire a foreign nationality would lose their Portuguese nationality.

The Act 37/81 of 03rd October came to change this rule, allowing that Portuguese could acquire the nationality of another State without losing the Portuguese nationality, yet, with any harm to the effects of Act 2098.

To those who had lost the Portuguese nationality with the previous rule, the Act 37/81 came to permit the acquisition of the nationality, however, they should submit themselves to a very difficult and complex process that, most of times, makes the application impracticable.

At any of these situations, the citizen was fully equalised to a foreigner candidate to the acquisition of the Portuguese nationality as result of will, above all concerning to indispensability of the evidence of effective link with the Portuguese community and the possibility of the Public Prosecutor Office to oppose to the application if the applicant had been sentenced of an offense whose punishment is over three years imprisonment, according to the Portuguese criminal laws, or had worked as a civil servant to a foreign State or had served the Army of another country.

The Art 31, now modified, used to say the following:

"Those who, under the terms of Act 2098 of 29th July 1959 and previous legislation, have lost the Portuguese nationality due to acquisition of foreign nationality may acquire it through a declaration, if of full age ".

At first sight, everything would be very simple: just a declaration of his will would be enough for the citizen who has acquired a foreign nationality and (most of times without knowing it) has lost the Portuguese nationality to obtain the status of a Portuguese citizen.

Nevertheless, the reality was not like that, because the joint interpretation of the Act and the Regulations resulted, during several years, in the conclusion that those cases should be dealt with following the same terms with which the applications for the acquisition of nationality by foreign citizens were being dealt with.

For over twenty years, the Portuguese authorities have been living with a very uncomfortable situation. They have given medals and decorations for several relevant characters of the Portuguese communities abroad, that in the end of the day were not Portuguese, because they have naturalised themselves.

Some of those citizens just realised how big was this disloyalty when their children submitted their applications for the attribution of the Portuguese nationality and the Conservatória dos Registos Centrais refused the application based on the grounds that the applicant was not a child of a Portuguese citizen.

This Act has come, in some sort of a confused manner, to avoid this problem.

Essentially, there are three new situations:

I. Referring to the women who have lost the Portuguese nationality due to having got married to a foreign citizen, the Organic Law 1/2004 speaks of reacquisition of the nationality, what can only be interpreted as reinstatement of the Portuguese citizens status lost with the marriage. Section 1 of Article 30 of Nationality Act says that «the woman who (...) had lost the nationality as result of marriage, may reacquire it through a declaration, not being, in this case, applied what is established by Articles 9 and 10» that is, the Public Prosecution Office may not object to such application.

Therefore, the conclusion is that the reacquisition of the nationality depends on a declaration of the woman who has lost it and, on the other hand, that the Civil Register Office might and shall continue to register the loss of the nationality of the Portuguese women who got married to foreign citizens during the effectiveness of Act 2098, once they do not make such declaration.

II. The second situation is concerned to the citizens who have lost the Portuguese nationality due to the fact they have acquired another nationality, yet, without the processing of its registration.

What the legislator means is that, in cases where a conclusive registration of the loss of the nationality has not been processed yet, based on this, the citizen acquires the Portuguese nationality, unless he expressly states that does not wish to acquire it.

This a methodology of difficult comprehension used to overcome the so called «commendation crisis », in which people would discover, even though they have always been treated as Portuguese, that they were not Portuguese citizens.

The legislator could have resorted to the expiration, declaring as expired the right to proceed to the registration of the loss of the nationality and reinstating the rights of the citizen, with reference to the date of the triggering event of the loss.

Instead, he has decreed a «forced voluntary acquisition » of the Portuguese nationality, in the cases where the definitive registration of the loss of the nationality has not been processed.

The text of Article 31, 1, says:

«Those who, under the terms of Act 2098 of 29th July 1959 and previous legislation, has lost the Portuguese nationality as result of the voluntary acquisition of another foreign nationality, shall acquire it:

a) Since the conclusive registration of the loss of the Portuguese nationality has not been drafted, except he declares he does not wish to acquire the Portuguese nationality;

b) Against declaration, when the conclusive registration of the loss of the nationality has been already drafted. »

And item 2 says:

«In the cases mentioned at previous item, the articles 9 and 10 are not applied ».

It is originated from the words of the law that, in the situations of loss of the nationality where its conclusive registration has not been done yet, there will be, with no harm of such loss and indispensability of its registration, an automatic acquisition of the nationality, with no need of intervention from the interested person.

This is a scenario of acquisition of the Portuguese nationality by foreign citizens as result of his will but also due to the law; only being the individual will relevant if it is contradictory.

It seems to derive from the rule, the need to register the loss of the nationality in the cases where their requirements are detected, but also and simultaneously, the mentioned «forced acquisition » of the nationality, with no need of the intervention of the interested person, except if he wishes to oppose himself.

III. The third scenario is the one of the citizens whose loss of nationality has been conclusively registered. If they wish to acquire the nationality – and not reacquire because the law does not permits so – they shall declare it. The only difference that the new rule has from the past one is that the Public Prosecution Office cannot oppose to the application.

Respecting to everything else, all difficulties existed before the effectiveness of Organic Law 1/2004 were kept.

The legislator could have opted to treat these citizens as native Portuguese, reinstating their by origin Portuguese nationality, even return to them the equality of conditions in relation to those who acquired the Portuguese nationality as result of their will following the effectiveness of Act 37/81 (Nationality Act).

What he has, deliberately, done was to treat them as foreign citizens to whom is given the opportunity to acquire (ex nunc, even though with retroactive effect) the Portuguese nationality with all issues that it implies, especially, in the political rights aspect. For instance, a binational citizen, originally a Portuguese who has naturalised in 1985, or child of a Portuguese citizen who was born abroad, who applied for the attribution of nationality, may run for the Presidency of the Republic, because they are native Portuguese. The citizens who have lost the nationality during the effectiveness of Act 2098, and now come to acquire it, are not allowed to run for the Presidency of the Republic because they are not native Portuguese, previously being foreigners who acquired the Portuguese nationality as result of their will.

It is important to emphasize that the citizens that have been forced to get naturalised by the governments of the countries which have given them shelter are excluded from this rule. The forced naturalisation has happened, in several periods, namely in Congo, Brazil, Venezuela and Argentina, where was legally impossible to develop a business if the person did not acquire the national status of those countries.

With subtle differences from country to country, the Portuguese citizens were placed in a situation of having to choose between the naturalisation, as the only way to engage their businesses, or the loss of their assets and expulsion of the countries, where the respective resident permit were based on such businesses.

These situations are the ones which demand more attention, once that in these cases there was not the exercise of the free will of the Portuguese citizens.

VII. The special situation of the citizens born in the former State of India who were residing in the former colonies on the date of independence

Decree-Law 308-A/75 of 24th June, established special rules for the citizens living in overseas territories who were made independent (30).

This Act contains very important specific provisions relating to the citizens born in the former State of India.

Article 1, 1, (e) expressly enacts that those who were born in the former State of India, resident in the overseas territories deemed as independent, who declare their wish to keep the Portuguese nationality, shall maintain the Portuguese nationality.

Subsection (f) extend this right to the woman married with citizen born in the former State of India, widowed or divorced, and to their underage children.

Section 2 establishes that the descendents, until the third generation (grandchild), of those citizens shall maintain the nationality, as long as they do not declare that, within two years following the independence, they do not wish to be Portuguese.

## VIII. Proof of the Portuguese nationality of the citizens born in the former State of India and the compulsory registrations.

The proof of the Portuguese nationality of the persons born in the Portuguese territory or under the Portuguese administration is made by the Birth Certificate, being considered as children of Portuguese citizens all those whose Birth Certificate does not state the foreign nationality of their parents.(31)

Towards the public documents kept in the records of the former State of India, the Article 5 of the Treaty on recognition of India's sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli and related matters establishes that:

ARTICLE V

Portugal agrees in principle to return to India all archives, records, papers, documents and other materials relating mainly to the territories mentioned in Article I including those which may have been transferred to any place outside these territories. Similarly, India agrees in principle to transfer to Portugal all archives, records, papers, documents and other materials which may be maintained within the territories mentioned in Article I and which do not relate mainly to these territories.

The modalities of their return, mutual access, supply of copies and consultation will be settled through diplomatic channels.

If there is the birth registration in the civil records of the former State of India, the appropriated means to guarantee the right to the Portuguese nationality is the integration of such registration with the Portuguese Civil Register Office.

The Republic of India maintained the operation of this registration system for some time following the acquisition of the territories (32). However, after this initial period and coherently to the amendment of the Citizenship Act, the Indian civil registration system was adopted.

That is: there are citizens that, being Indian under the terms of the Indian laws, are also Portuguese according to the Portuguese laws, yet, having their births only registered at the Indian Civil Register Office.

As much in regard to some as to others, the evidence of the birth in the territory of the former State of India, as means to integrate it with the Portuguese Civil Register Office, shall be given through a Certificate issued by Republic of India.

The regularisation of the registering situation of the citizens born in the former State of India may be done through the entry of the Indian record (including the records processed by the Portuguese administration and returned to India due to the treaty) in the Portuguese Civil Register Office or via inscription of the birth at the Portuguese Civil Register Office.

The process of integration of the birth records occurred in the former State of India is of the scope of the Conservatória dos Registos Centrais (33), under the terms of Decree-Law 249/77 of 14th June.

The applications may be submitted at the Consulates or any Portuguese Civil Register Office, by force of Article 13 of the Civil Register Code (34).

The application may be submitted by anyone who has a legitimate interest on the fact, either by himself or by an attorney, being relevant to highlight that the professional representation must only be made by a lawyer or a solicitor.(35)

The registration of the birth may be requested, for instance, by the descendents and spouses, because they are entitled to the rights that will arise from the registration.

Article 39 of the Civil Registration Code fixes as parties, in relation to which registration, the person who declares and those persons who will be directly affected by the fact or whose consent will depend its full effectiveness.

Article 1 of the Civil Registration Code in effectiveness (36), under the title «Object and compulsory registration» establishes the following:

1 – The civil registration is compulsory and has as object the following facts:

a) The birth;

b) The affiliation;

c) The adoption;

d) The marriage;

e) The prenuptial conventions or alterations of the agreed marital regime or lawfully fixed;

f) The regulation of the exercise of the paternal responsibility, its alteration and ceasing;

g) The inhibition or suspension of the exercise of the paternal responsibility and the guardianship limitative arrangements of this responsibility;

h) The interdiction and definitive disability, the guardianship of underage or interdicted, the administration of the assets of underage and the guardianship of disabled;

i) The provisory or definitive guardianship of absents and presumed death;

j) The declaration of insolvency, denial of the respective application in cases of previous designation of provisory judicial administrator and conclusion of insolvency lawsuit;

l) The appointment and ceasing of functions of the judicial administrator and of the provisory judicial administrator, the attribution of the administration of the insolvent estate to the debtor, as much as the prohibition of the practice of certain acts without the consent of the insolvency administrator and the ceasing of this administration;

m) The disqualification and inhibition of the insolvent to the exercise of commerce and other job positions;

n) The exoneration of the remaining liabilities, as much as beginning and anticipated ceasing of the respective procedure and revocation of the exoneration;

o) The death;

p) Those acts that determine the modification or extinction of any of the indicated facts and those which derived from legal imposition.

2 – The facts respecting to foreigners only are subject to compulsory registration when they occur in the Portuguese territory.

The civil registration follows the life of the citizens from their birth until their deaths, annotating and filing the main facts of the life course.

All those facts, as it was previously referred to, only can be proved through certificated extracted from the register records (37) and are only valid within the Portuguese juridical order if they, referring to Portuguese citizens, appear in the Portuguese Civil Registration Office.

By virtue of the section 2 of Article 1, the facts related to foreigners just are subject to registration if they occur in the Portuguese territory.

This does not prevent – actually imposes, through the combination of this provision with Article 21 of Nationality Act, the foreigners, that simultaneously have the foreign and the Portuguese nationality, due to the law, are not obliged to register such facts, the only proof of their Portuguese citizen status and of the relevant facts of their family relations.

It is not the birth registration that grants them the Portuguese citizen status, which is originated from the law and from the fulfilment of the necessary requirements. But it is the only and essential mean to prove the nationality.

Once the birth is registered, the citizen will have an evidence of his Portuguese nationality. However, it is not because of this that he will not be obliged to transcript all others of compulsory registration acts, as long as occurred abroad.

Concluding, it shall be understood that the citizens of the former State of India who are Portuguese, intending to prove such status, must register their births at the Portuguese Civil Register Office; but they must also transcript all other acts of compulsory registration.

Prior to the effectiveness of the current version of Civil Register Code, the lack of registration of the facts subject to compulsory civil registration should be automatically furnished by the Civil Registration Office, by virtue of Article 29 (38) and 33 (39).

Currently, such omission is just liable to automatic punishment in the situation of Article 83 (40). The rule is that the registration of the facts subject to compulsory registration shall be requested by the interested parties, once they are constitutive elements of their identities.

## IX. Requirements for the registration of birth at the Portuguese Civil Register Office

As was previously informed, the following group of citizens, born in the territory of the former State of India, until midnight of 3rd June 1975, due to Act 2098 of 29th July 1959, which was in force at that period, are Portuguese:

1. Children of Portuguese father;

2. Children of Portuguese mother, whose father is stateless, Portuguese citizen or incognito (41);

3. Children of stateless, of unknown nationality or incognito parents;

4. Children of foreign father, except if the father is in the Portuguese territory as means to serve the State he belongs to;

5. Children of foreign mother, if the father is stateless, of unknown nationality or incognito, except if the mother is in the Portuguese territory as means to serve the State she belongs to (42).

It has been the understanding of the Portuguese Civil Registration Offices that, attempting to the unconstitutionality of Act 2098 concerning to sex discrimination, in all cases of this act, the children of Portuguese father or mother, as much all children of foreign father, as long as born in the national territory are Portuguese, except the children of the foreigners who are in the country in order to serve a foreign State, obviously if not married to a Portuguese citizen (43).

In order to proceed to the integration of the register with the Portuguese Civil Register Office, it is essential the evidence of the birth in the territory and the other requirements of each one of the groups.

The Act 2098 of 29th 1950, fixed on its Basis 4 (44) that only the affiliation established in compliance with the Portuguese law would produce legal effects relating to the attribution of the Portuguese nationality.

This rule, just as the current act, needs a very careful interpretation, taking into account the rules of the Portuguese private international law (45).

The evidence of the birth and of the affiliation is, generally, given by the Birth Certificate.

The evidence of the qualification of the parents shall be done under presentation of their Birth Certificates.

Despite of not having a decolonisation procedure in the former State of India, it is applied to these cases the special rules of the Decree-Law 249/77 of 14th June, a legislation that has come to simplify the entry of the acts, previously registered in the former colonies, in the Portuguese Civil Register Office (46).

Regularly, provided there is a Certificate of the registration issued by the authorities of the Republic of India containing all essential acts registered, it shall be integrated with the Portuguese Civil Register Office, with no demand for further documents.

Such Certificate shall be legalised at a Portuguese Consulate and be stamped with the Apostille of Hague, in compliance with Article 3 of the Convention of 5th October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (47).

Not having the birth registration, the interested party shall resort of the mechanism of the late birth inscription, provided for Article 99 of the Civil Registration Code.

A. Inexistent of legal obligation to present old documents

To the best of one's knowledge and belief, the demand of Conservatória dos Registos Centrais for the presentation of the old documents issued by the Portuguese administration of the former State of India lacks of legal grounds.

This is a polemic issue because there is a set of bad habits that, cemented during several years, were not fought against by anyone.

It is a habit of the Conservatória dos Registos Centrais to condition the integration of the birth records, of those born in the former State of India, to the presentation of the «old documents», of all different types, something that is not demanded to any other people.

There is no legal support for this demand which, besides, seems to be very pathetic.

In the procedures of integration of the birth records of the citizens born in the former State of India represented by Miguel Reis & Associados, are being presented the documents issued y the administrative authorities of the Republic of India, properly certified with the Apostille provided for Article 3 of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, concluded on 5th October 1961 in the Hague.

In most of situations, there are Certificates registered by the Portuguese administration, but issued by the Indian authorities and properly apostilled.

Besides this obstacle, the Conservatória dos Registos Centrais keeps requesting further information to the Portuguese Consulate in Goa, which usually, had legalised the documents, which causes the delay of years, wasted with useless inquiries.

From the moment that India has become a member of the Convention of The Hague, the firm is now presenting certificates issued by the Indian government departments certified with the Apostille of Hague (48).

When the application begun to be instructed with the apostilled documents, the Conservatória dos Registos Centrais informed, informally, communicated that it did not accept the probative value of such documents, jeopardising obligations taken over by the Portuguese State before the mentioned Convention.

Such information expressly contradicted what was contained at the extinct website of the Conservatória and, which now, is informed at the website of Instituto do Notariado, where is clearly affirmed the following:

Are free from legalisation the foreign documents, which obey the formalities provided for the Convention of the Hague, relating to the Abolishing of the Requirement of Legalisation for Foreign Public Documents, concluded in the Hague on 5th October 1961, which contain the Apostille there foreseen, stamped by the competent authority, and if it is from a State which has ratified the mentioned Convention (49).

In several procedures, of elementary plainness and instructed with documents whose authenticity could not be challenged, were numerous presented petitions before the CRC requesting for a certificate stating that the Conservatória dos Registos Centrais does not accept the probative value of the Apostille issued by the Republic of India, evidently disrespecting the cited convention and against the express indications of the Instituto do Notariado.

In February 2009, the Conservatória dos Registos Centrais replied these petitions, affirming what is summed up below:

• The «acceptance of the procedure of transcription of birth of the applicant assumes the applicant to present the original documents issued y the Portuguese Administration with the objective to give evidence of the respective identity and taking into account that the applicant has not presented it (...) the application shall be dismissed ».

• It is «not in discussion the probative value of the Birth Certificate that was presented, which is properly legalised with the Apostille ».

• The «indicated requirement results from a instruction superiorly fixed, to which this Conservatória is bound, based on the need to prevent eventual situations of identity theft, which are situations that have been already verified, being, for this reason, indispensable the presentation of old documents ».

The CRC has not registered the requested certificates and denied, with no legal grounds, the petition presented in which was requested them to certify that «does not recognise the probative value of the apostilled documents and, for this reason, the application had no progress», and what has really happened was a flank reply.

Reacting against this posture, Miguel Reis & Associados filled lawsuits at the Administrative Courts, based on the legal argument below:

The article 3 of the Administrative Procedure Code establishes that «the departments of the Public Administration shall act obeying the law, within the limits that are attributed to themselves and in compliance with the finality to which such powers were given to them».

The persons in case were born in the former Portuguese State of India before 3rd June 1975.

When the territories of the former State of India were occupied by the Indian Union, Portugal has, expressly, recognised that « the territory of the State of India was deducted from the full and effective exercise of the Portuguese sovereignty» however, has not abdicated its sovereignty over those territories, especially regarding to its relation to the Portuguese nationals of the territory, whose occupation continued to be considered as unlawful by Portugal until the treaty signed in 1974.

The territories of the former State of India were integrated with the Republic of India, due to constitutional amendments to the Indian Constitution, made in 1961 and 1962. Notwithstanding, the Portuguese Republic just recognised this integration in 1974 and with effects from the exchange of ratification letters of the treaty between the countries, which occurred on 3rd June 1975.

The article I of Treaty on recognition of India's sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli and related matters establishes that:

«Portugal acknowledges that the territories of Goa, Daman, Diu, Dadra and Nagar Haveli have already become part of India and hereby recognises the full sovereignty of India over these territories with affect from the dates when they became parts of India under the Constitution of India. »

What this provision brings is the recognition of a sovereignty of fact, and not of law, since the integration of the territories with India and not a renunciation, with retroactive legal effects over the formal sovereignty that Portugal continued to claim and to exercise until the date the treaty has come into force.

And it could not be made any other way, under the Portuguese constitutional provisions and the legislative authorisation brought by the Constitutional Law 9-/74, which has consented the President of the Portuguese Republic « to conclude an agreement between Portugal and India by which Portugal recognises the full sovereignty of India over the territories of Goa, Daman, Diu, Dadra and Nagar Haveli and that this recognition would imply the abrogation of the corresponding part of Article 1 of the Portuguese Constitution of 1933.»

It is clear that neither the legislative authorisation permitted the retroactive derogation of the Constitution nor the text of the Treaty allowed concluding that there was a retroactive abrogation.

Thus, it must be considered that the territories of Goa, Daman, Diu and their enclaves were, lawfully, Portuguese territories (for the effects of the Constitution of 1933, of the Act 2098 and Act 2112) until 3rd June 1975, date when the Treaty signed between Portugal and the Republic of India came into force, nonetheless, Portugal has been away from the exercise of the sovereignty over these territories from December 1961 until 3rd June 1975, that is during 14 years.

That is: there was not a Portuguese administration in the territory of the former State of India since 1954, relating to the enclaves of Dadra and Nagar Haveli and since 20th December 1961, concerning to the other parts of the territory.

The Treaty of 1974 ruled, among other aspects, the transfer of the documents to the Republic of India, as mentioned previously.

It means that the records or papers regarding to the citizens born in the former State of India have become to be administrated by the Indian administration and its certificates shall be, exclusively, issued by the Indian authorities.

If there is the birth registration in the civil records of the former State of India, the appropriated means to guarantee the right to the Portuguese nationality is the integration of such registration with the Portuguese Civil Register Office.

The Republic of India maintained the operation of this registration system for some time following «the acquisition» of the territories (51).

However, after this initial period and coherently to the amendment of the Citizenship Act, the Indian civil registration system was adopted.

That is: there are citizens that, being Indian under the terms of the Indian laws, are also Portuguese according to the Portuguese laws, yet, having their births only registered at the Indian Civil Register Office.

As much in regard to some as to others, the evidence of the birth in the territory of the former State of India, as means to integrate it with the Portuguese Civil Register Office, shall be given through a Certificate issued by Republic of India.

The regularisation of the registering situation of the citizens born in the former State of India may be done through the entry of the Indian record (including the records processed by the Portuguese administration and returned to India due to the treaty) in the Portuguese Civil Register Office or via inscription of the birth at the Portuguese Civil Register Office.

Relating to the citizens born in the former State of India, the Decree-Law 308-A/1975 of 24th June has limited relevance, which, however, allows understanding the posture of the legislator towards them.

The law is applied to the Portuguese citizens «resident in overseas territory made independent»(52), not having, for this reason, application in the territories of the former State of India, which have not become independent, but were integrated with the Indian Union (53).

On the date this law was published, the treaty between Portugal and India had already been signed and ratified, in order to rule the matter of these territories (54).

Notwithstanding, it is relevant the distinct treatment provided by this decree-law to the citizens born in the «former State of India » and to their descendents until the third generation, resident in the new independent countries, who have been equalised to the Portuguese born in Portugal and adjacent island, as long as they declare they want to keep the Portuguese nationality.

The Portuguese State wanted to provide to the citizens born in the former State of India a clearly distinct status from the peoples of the other colonies.

For this reason, this law not only has not provided for the loss of the nationality, on account of the nationality of the State they have integrated, but also guaranteed the maintenance of the Portuguese nationality by those who were living in the other colonies that have become independent, as long as they state their wish to continue to be Portuguese.

This is something that it has not done, for instance, regarding to the Angolans that were living in Mozambique or to the Mozambicans that were living in Angola.

Regarding to the procedural economy it is, especially, relevant the following:

• _The applicants presented, for the purpose of integration/transcription of the Portuguese Civil Register Office, Birth Certificates, issued by the Indian authorities, in compliance with the Indian laws, still whose authenticity is guaranteed by the apostilled referred to in article 3 of the Convention of 5th October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents._

• _Such certificates are enough to process the registrations, under the Decree-Law 249/77 of 14th June, with the content provided by the Decree-Law 36/97, as much as the rules of the Civil Registration Code._

• _The demand for other documents issued by the Portuguese Administration of the former State of India, absolutely, lacks of legal grounds, and this demand is clearly inopportune and it is not relevant for the protection of the interests – especially the interest of these cited citizens._

Such old documents only have a historical interest, being inappropriate to give evidence to anything related to civil registration when, by nature, they are not useful for these means.

On the other hand, such demand would offend, in any case, the constitutional principle of equality, placing in opposite poles the citizens who have kept or found their old documents and the citizens who do not have them.

Finally, documents of such nature shall not be used to «prevent eventual identity theft situations», in contrast, it is not even this that is been discussed.

The discussion does not lay on the verification of the identity of the persons, but on the processing of registration acts, ruled by law and which independently and autonomously asserts itself with respect to the identity, which consists of the relation of certain natural person with a certain registration, only liable to verification through valid identity documents.

Objectively, the law establishes, clearly and unequivocally, who are the holders of the Portuguese nationality and which are the requirements for the processing of the birth records of the Portuguese.

There is not any legal provision that permits the Conservatória dos Registos Centrais to demand the Portuguese citizens, born in the former State of India, or their descendents or other parties interested in the registration of the birth to present «old documents», also not existing a rule that considers them as indispensable.

Due to this, even if there are «superior instructions » they are unlawful and, therefore, shall not be obeyed by the servants; otherwise they are breaching the law, and this way creating the obligation to compensate the applicants, under the terms of article 8 of Act 67/2007 of 31st December.

It is understood that only due to gross negligence is that a servant could deny, the processing of a registration that constitutes an essential proof element of the Portuguese nationality, to a citizen who is Portuguese, not being possible such servant ignore that the refusal of the registration or the single threat of dismissal of the application result in an authentic denial of the Portuguese nationality of such person.

Lacking of legal grounds, the exigency for old documents, it is necessary to come to the conclusion that the Conservatória dos Registos Centrais, objectively, does not accept the probative value, for the birth in the territory of the former State of India, of the certificates issued by the Republic of India and apostilled under the article 3 of Convention of 5th October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, conclude in the Hague.

It is considered that this posture is of the utmost seriousness not only because it, really, constitutes a denial of the citizenship to the applicants, but also offends the principle of the transparency of the public administration.

It is still awaited the decision of the courts in the moment this edition is been published.

However, there is the conviction that such demand is absolutely unlawful and that, for this reason, shall be terminated.

B. The importance of the registration of the birth of the Portuguese citizens of the former State of India for future generations.

The registration of the birth of the Portuguese citizens of the former State of India may be important for themselves – if they are alive – but it is especially important to the future generations.

As it was previously referred, the evidence of the Portuguese nationality is given through the birth record in the Portuguese Civil Register Office.

Yet, if these Portuguese does not proceed to such registration it is like if they do not exist and, due to this, his successors, spouses or adopted children could not benefit from the rights conferred by the Nationality Act.

It is important to make two observations:

a) The Portuguese nationality of those born in the former State of India and who fit in any of the aforesaid groups is a fundamental right that arise from the law, without any condition, by which the registration, through any of the ways previously mentioned, shall be requested by any interested party, starting with the descendents, spouses and adopted children.

b) In the framework of the new Nationality Act, the entitlement to the attribution of nationality of the children of Portuguese citizens born abroad, although arising from the law, will only be effective through a declaration of will from their legal representatives or of themselves.

The citizens born in the former State of India shall request the registration of their birth at the Portuguese Civil Register Office, and such application may also be submitted by their descendents who have legitimate interest in the case.

The same cannot be requested, for instance, by grandchild of a Portuguese citizen born in that territory, with reference to his father, born in the same territory after it was already an Indian territory.

This – Indian father, son of Portuguese – may request the attribution of the Portuguese nationality because he is son of a Portuguese citizen, after he has proceeded to the registration of the birth of the Portuguese father at the Portuguese Civil Register Office. If he passes away, the son – grandchild of the Portuguese citizen – may request the registration of the birth of his grandfather, but never the registration of the birth of his father.

The differences, from a legal view, are substantial.

Meanwhile the attribution of nationality has retroactive effects to date of the birth of the applicant, hence, allowing the successive attribution of the nationality to the descendents, the naturalisation, besides of having consequences pertaining to the Indian nationality, will only be relevant from the date it is granted on. Wherefore, the of full age children of the naturalised cannot apply for the acquisition of the nationality, but only by naturalisation and through an almost impossible process, and the underage children, even though they may request the acquisition of the nationality, they will do it through a procedure identical to the naturalisation.

In order to make the successive attribution of nationality possible, it is indispensable the nationality bond to between ancestors and descendents to not be broken, which will happen if a direct descendent of a Portuguese citizen does not request the attribution of the Portuguese nationality for himself.

Being the above-mentioned persons, Portuguese citizens by operation of law, the integration, transcription or declaration of registration, which allows giving evidence of such status, are very important to the effects of the attribution and acquisition of the nationality by the descendents, spouses and adopted children.

In the framework of the new Nationality Act, regarding to the Portuguese citizens born in the former State of India, the following groups are especially relevant:

Are entitled to the attribution of the Portuguese nationality:

• Children of either Portuguese parents, born abroad, if they have their birth registered in the Portuguese Civil Register Office or if they declare they want to be Portuguese (Article 1, 1, (c) of NA) ;

Are entitled to the acquisition of the nationality as result of will:

• Underage or legally unfit children of either Portuguese parents who have acquired the Portuguese nationality (Article 2 of NA);

• Foreign citizen married, for over three years, to a Portuguese citizen (Article 3, 1, of NA) ;

• Foreign citizen who, on the date of the declaration, is in a civil partnership, for over three years, to a Portuguese citizen (Article 3, 3, of NA) ;

• Those who have lost the Portuguese nationality due to declaration made during their legal incapacity (Article 4 of NA).

• The fully adopted by a Portuguese citizen (Article 5, 1, (b) of NA).

Are entitled to the acquisition of nationality through naturalisation:

• Persons who were born abroad with, at least, one ancestor on the 2nd decree of the succession line of the Portuguese nationality (grandchildren) and who had not lost this nationality. (Article 6, 4 of NA).

• Persons who, not being stateless, have had the Portuguese nationality or deemed as Portuguese descendents, members of the Portuguese communities and the foreign citizens who had served or were called to render relevant services to the Portuguese State or to the national community (Article 6, 6 of NA).

## X. Practical Cases

In this chapter, will be sought to list all procedures that are judged to be suitable to regularise the records of the Portuguese citizens born in the former State of India, using the methodology of the practical situations.

It is important to point out that the citizens here referred to (and who are, essentially, those informed below) are Portuguese citizens by operation of law.

Nevertheless, the evidence of the nationality is given through the birth record which, for this reason, has an instrumental role in the proof of the nationality (57).

Basically, there are three ways to register the birth of the citizens born in the former State of India:

a) Integration of the birth record processed by the Portuguese authorities;

b) Transcription of the record processed by the Indian authorities;

c) Inscription of the birth in the Portuguese Civil Register Office.

It is important to mention that, in the moment of the processing of the birth record, shall be requested compulsory registration acts, under article 1 of the Civil Registration Code.

The situations listed below are not absolutely exhaustive, having a practical function, being purely indicative.

1. Citizens born in the former Portuguese State of India until 20th December 1961

With regard to these citizens, it is settled that they are Portuguese citizens, provided that the requirements of the groups stated on Basis I of Act 2098 of 29th July 1959 are met.(58)

2. Citizens born in the territory of the former Portuguese State of India between 20th December 1961 and 3rd June 1975(59)

Concerning these citizens, there are controversial theories in which some understand they are Portuguese, provided that they meet the requirements stated on Basis I of Act 2098 of 29th July 1959, and others conceive that they are not Portuguese.

The theory followed by this work is that the citizens born in the former State of India are Portuguese as long as they meet the requirements of the above-mentioned law and that, consequently, are entitled to regularise the situation of their records before the competent departments of the Portuguese Civil Register Office.

3. The right to submit the applications before the Portuguese Civil Register Office

Are entitled to submit registration applications (in either referred modalities) all those who have a legitimate interest in the registration, which among them are the citizen, his ancestors, descendents and spouses.

The citizen may even have passed away. But, in spite of that, the descendents and spouses have legitimate interest in the registration, because from it will emerge rights that shall benefit them, namely those of the attribution and acquisition of the Portuguese nationality, under the terms of the current Nationality Act.

The parties may act on their own behalf or represented by attorneys with special powers for that.(61)

The Powers of Attorney given to lawyers registered in Portuguese Bar Association and to solicitors registered in the Chamber of Solicitors do not need to have the signature of the donor notarised (62). Notwithstanding, the attorneys are obliged, themselves, to identify the donors. (63)

The registration of the act through an attorney is independent of the identification, under the Civil Identification Act (64); therefore, these two matters shall not be mixed.

This is to notice that, the Portuguese Civil Register Office can process the identification of the parties when they submit the application by themselves or when they submit it through attorneys that are not lawyers or solicitors. When the attorneys are lawyers or solicitors, the Portuguese Civil Register Office are not authorised to process the identification of the applicant (65).

This observation is important to the applications of the citizens born in the former State of India, precisely because it is the confusion between these two stages – of the registration and of the civil identification – that feeds the delays, which in several cases, are of years – and the dismissals, most of time abusive, of possible applications.

Taking into account the public faith of the lawyers and solicitors and the obstacles created the Civil Register Offices, it comes to the conclusion that the processing of the application is easier to those who submit it through the representation of a lawyer or solicitor, than by himself or a non-qualified attorney. However, it is very important the lawyers to demand the execution of the law, which, before the old habits already installed, is not an easy duty.

4. Groups identified by the Act 2098

According to the classification of Act 2098, there are the following groups:

4.1. Children of Portuguese father

The affiliation with respect to the father and the nationality of the father shall be analysed, in situations of integration or transcription of registration of birth, through the respective documents.

4.2. Children of Portuguese mother, whose father is stateless, Portuguese citizen or incognito

Noticing the express unconstitutionality of the Act 2098 regarding to this subject, it shall be understood that those born in the territory of the former State of India to a Portuguese mother, no matter which is the nationality of the father or whether he is known or not, are Portuguese citizens.

4.3. Children of stateless, of unknown nationality or incognito parents

This group only has a practical relevance if the mother is not Portuguese. Being her Portuguese and considering the unconstitutionality of the Basis I, 1, (b), the child is Portuguese.

The children of stateless, with unknown nationality or incognito parents, born in the territory of the former State of India are Portuguese, even if the mother is a foreign citizen, also due to Basis I, (e).

4.4. Children of foreign father, except if the father is in the Portuguese territory as means to serve the State he belongs to

Provided there is not any mention, in the birth certificate, to the fact that the parent was in the territory in order to serve to the State which he belongs to, the child is Portuguese.

This situation is only relevant if the mother is not Portuguese, for the same reasons pointed before.

4.5. Children of foreign mother, if the father is stateless, of unknown nationality or incognito, except if the mother is in the Portuguese territory as means to serve the State she belongs to

If the father is Portuguese or a foreign citizen, provided that he is no serving the State he belongs to, the case fits in one of the previous situations.

5. Spouses of the citizens born in the former State of India

The foreign women married to citizens born in the former State of India, holders of the Portuguese nationality, are Portuguese nationals, under the terms of Basis X of Act 2098, provided they have got married before the Act 37/81 of 3rd October has come into force.

Once integrated or made the transcription of the marriage, they can apply for the recognition of the Portuguese nationality according to the mentioned provision.

6. Citizens born in the former State of India and resident in the former colonies on the date of their independence

The citizens born in the former State of India, who were residing in the former colonies on the date of their independence, have maintained the Portuguese nationality, under the condition of declaring it.

The declaration shall be made before the Conservatória dos Registos Centrais, and can be made by the applicant himself or by his attorney, at any Portuguese Civil Register Office.

In order to have this Portuguese nationality acknowledged, it is necessary:

• The integration, transcription or declaration of the birth in the Portuguese Civil Register Office, following the steps previously explained;

• Give evidence that they were residing in any of the former colonies on the date of their independence;

• Apply for the regularisation of the other compulsory registrations, under article 1 of the Civil Registration Code.

7. Women married with, widowed or divorced from a citizen born in the former State of India and resident in the former colonies on the date of their independence

The women married with, widowed or divorced from Portuguese citizen born in the former State of India and resident in the former colonies on the date of their independence have maintained the Portuguese nationality.

In order to give evidence of such nationality, they shall:

• Apply for the integration of the birth of the husband or ex-husband in the Portuguese Civil Register Office if it is not already registered there;

• Apply for the integration or transcription of the marriage and acquisition of the nationality, under the terms of the Basis X of Act 2098 combined with article 1,1,(f) of Decree-Law 308-A/75.(66)

• Apply for the integration of the divorce in the Portuguese Civil Registration Office, if she is divorced from the Portuguese citizen;

• Apply for the integration or transcription of the death of the husband if she is a widow.

• Give evidence that they were residing in any of the former colonies on the date of their independence.

8. Underage children of citizens born in the former State of India and resident in the former colonies on the date of their independence

The underage children of the citizens born in the former State of India, residents in the former colonies on the date of their independence, have maintained the Portuguese nationality.

In order to have the Portuguese nationality acknowledged, they shall:

• Apply for the integration, transcription or declaration of the birth of the parents in the Portuguese Civil Register Office;

• Apply for the integration, transcription or registration of his own birth;

• Apply for the regularisation of the compulsory registration facts, with respect to their parents as much themselves.

• Give evidence that they were residing in one of the former colonies on the date of its independence.

9. Grandchildren and great-grandchildren of citizens born in the former State of India, who were residing in the former colonies on the date of its independence

The other descendents, until the third generation (grandchildren and great-grandchildren), of the Portuguese citizens born in the former State of India have maintained the Portuguese nationality, except if, within the deadline of two years, counting from the date of the independence, have declared on behalf of themselves, if of full age or emancipated, or through their legal representatives, in case of being underage or legally unfit, that they did not wish to be Portuguese.

It is a requirement of this rule that the grandchild or great-grandchild was residing in a former colony on the date of its independence, and it is not necessary that the great-grandfather or grandfather have ever lived in those territories, just being enough the fact that they were born in the former State of India.

In order to have their right to the Portuguese nationality acknowledge, these citizens shall:

• Apply for the integration, transcription or declaration of the birth of their ancestors, beginning with the ancestor who was born in the former State of India and resident in one of the former colonies;

• Apply for the integration, transcription or registration of their own births;

• Apply for the regularisation of the compulsory registration facts, regarding to their ancestors as much as themselves.

• Give evidence that they were residing in one of the former colonies on the date of its independence.

10. Rights arisen from the new Nationality Act

Being the previously mentioned persons Portuguese citizens by operation of law, the integration, transcription or declaration of record that allows giving evidence of such status are very important for effects of attribution and acquisition of nationality of their descendents, spouses and adopted children.

The following groups are relevant to the case of the Portuguese citizens born in the former State of India:

10.1. Attribution of nationality

10.1.1. Children of either Portuguese parents, born abroad, if they have their birth registered in the Portuguese Civil Register Office or if they declare they want to be Portuguese (Article 1, 1, (c) of NA)

10.2. Acquisition of the nationality as result of will

10.2.1. Foreign citizen married, for over three years, to a Portuguese citizen (Article 3, 1, of NA);

10.2.2. Foreign citizen who, on the date of the declaration, is in a civil partnership, for over three years, to a Portuguese citizen (Article 3, 3, of NA);

10.2.3. Those that have lost the Portuguese nationality due to declaration made during their legal incapacity (Article 4 of NA).

10.2.4. The fully adopted by a Portuguese citizen (Article 5, 1, (b) of NA).

10.3. Acquisition of the nationality through naturalisation

• Persons who were born abroad with, at least, one ancestor on the 2nd decree of the succession line of the Portuguese nationality (grandchildren) and who had not lost this nationality. (Article 6, 4 of NA).

• Persons who, not being stateless, have had the Portuguese nationality or deemed as Portuguese descendents, members of the Portuguese communities and the foreign citizens who had served or were called to render relevant services to the Portuguese State or to the national community (Article 6, 6 of NA).

11. Regular procedures

It is important to take into account what is ruled by article 1 of the Civil Registration Code, concerning to the compulsory registration facts and be aware that all these acts shall be integrated or made its transcription in the Portuguese Civil Register Office.

The advised practical method is to organise a main file for the registration of the birth and additional files (A,B, C...) for the rest of the compulsory registration facts, namely marriages, divorces and deaths, even because, being them all annotated on the birth certificate, they constitute autonomous procedures, inclusively with autonomous lodging fees.

12. Integration or transcription of the birth record

In order to apply for the integration of the birth record, it is necessary:

1. The Birth Certificate, with the full text, preferentially extracted from the record books of the Portuguese administration, issued by the registry authorities of India, with the translation of the parts written in foreign language into Portuguese.

a) The certificate shall be legalised by a Portuguese Consulate in India (67) or certified with the Apostille of Hague (68).

2. If it is not possible to find the Birth Certificate registered by the Portuguese authorities, the applicant may instruct his application with the Birth Certificate issued by the Republic of India, which shall contain all necessary elements to proceed to the registration of the birth in Portuguese Civil Register Office.

a) The certificate shall be legalised by a Portuguese Consulate in India (69) or be certified with the Apostille of Hague (70).

b) This certificate shall contain the grounds of the Indian record.(71)

13. Late registration of the birth

There are situations in which the citizen who was born in the former State of India, whilst it was deemed a Portuguese territory, and he does not have any sort birth record: neither of birth registered in the record book of the Civil Register Office of the Portuguese Administration nor in the books of the Indian administration.

This citizen, if he meet all requirements established by law for the attribution of the nationality, is Portuguese, but has difficulties to apply for the registration in the Portuguese Civil Register Office, indispensable to give evidence of his nationality.

In such situation is still possible to proceed to the late registration of the birth, under the terms of the article 99 of the Civil Registration Code.

In order to instruct this sort of procedure, it is necessary to gather, if possible, a document proving the accuracy of the declaration and naming two witnesses, being the Civil Register Officer make all necessary inquiries to verify the facts.

14. Integration of the marriage record

14.1. If the citizen whose birth record is intended to integrate or transcript is married, he shall simultaneously apply for the integration of transcription of his marriage.

14.1.1. If the other spouse is a Portuguese citizen, simultaneously shall be submitted an application on her behalf for the integration of her birth record, opening another file on her name.(72)

14.1.1.1. There will be the integration of the marriage when it was celebrated before the Portuguese authorities of the former State of India and if appears in the old Portuguese records; (73)

14.1.1.2. There will be the integration of the marriage if it was celebrated until 20th December 1961 before a minister of the catholic church and it is possible to obtain a Marriage Certificate issued by the church;

14.1.1.3. There will be the integration of the marriage if, not being possible to obtain the Marriage Certificate from the Portuguese or ecclesiastic records, but being possible to obtain it from the Indian Civil Register Office, with the annotation that the wedding was celebrated prior to 20th December 1961, before the Portuguese authorities;

14.1.1.3.1. In order to instruct the application for integration of marriage, the applicant shall gather:

14.1.1.3.1.1. Marriage Certificate extracted from the civil record books of the former State of India, properly legalised or apostilled with the translation into Portuguese of the parts written in foreign language;

14.1.1.3.1.2. Marriage Certificate extracted from the parish record books of the former State of India, properly legalised or apostilled with the translation into Portuguese of the parts written in foreign language;

14.1.1.3.1.3. Marriage Certificate extracted from the civil record books of the Republic of India, in which there is the mention that the wedding was celebrated before the Portuguese authorities or a minister of the catholic church, properly legalised or apostilled with the translation into Portuguese of the parts written in foreign language.

15. Transcription of marriage

15.1. There will be the transcription of the marriage if the wedding was celebrated before the authorities of the Republic of India or any other foreign country.

15.2. In order to instruct the application for transcription of the marriage, the applicant shall gather the following documents:

15.2.1. Birth Certificate of the applicant;

15.2.2. Birth Certificate of the spouse; (74)

15.2.3. Marriage Certificate;

15.2.3.1. The certificates shall be legalised by a Portuguese Consulate in India (75) or in the country where the wedding took place or certified with the Apostille of Hague. (76)

16. Divorces, judicial separations and review of foreign judgements

16.1. If the citizen, whose record is intended to be registered in the Portuguese Civil Register Office, had been married and have separated or got divorced, he shall, besides of the application for the transcription of the marriage, apply for the review and confirmation of the foreign judgement of divorce or separation. If he has got married for a second time, he will only be allowed to register it after the judgement of his divorce is reviewed and confirmed by a Portuguese Court. (77)

16.2. The review and confirmation of the foreign judgement of divorce or separation is a lawsuit that will be processed by a Tribunal da Relação (78), being compulsory to hire a lawyer to represent the applicant.

16.3. The review and confirmation of the foreign judgement may be jointly filed by both ex-spouses or separately, being one spouse against the other. The big advantage of the joint filling is the time gained with the exemption of notification, since it usually takes at least 60 days plus the post office delivery time for the notification being executed. If the review is filled by only one of the ex-spouses, the other one shall be notified of the lawsuit.

16.4. The divorce judgement given by the Courts of the former State of India, prior to 20th December 1961, are not subject to review and confirmation by a Portuguese Court.

16.5. The divorce judgement given by the states of the European Union, after the Council Regulation (EC) 1347/2000 of 29th May 2000 on jurisdiction and the recognition and enforcement of judgements in matrimonial matters and in matters of parental responsibility for children of both spouses (79) came into force, are not subject to review and confirmation.

16.6. The necessary documents to instruct the review and confirmation of the foreign judgement of divorce or judicial separation are:

16.6.1. Certificate issued by the Court where the divorce has been processed containing the divorce complaint, defence and the judgment, authenticated by the issuing Court; (80)

16.6.2. Marriage Certificate of the terminated marriage.(81)

16.7. If the petition for review is not filled by both ex-spouses, it is, especially, important that address of the ex-spouse is correct. (82)

17. Integration of death record

17.1. If the Portuguese citizen has passed away in the territory of the former State of India or in a Portuguese territory or in a territory under the Portuguese administration before 20th December 1961, his death record shall be integrated.

17.2. In order to instruct the application for the integration of the death record, the applicant shall present the Death Certificate extracted from the record books of the former Portuguese administration, issued by the authorities of the Republic of India or the authorities of the territory under the Portuguese administration where the death has taken place, legalised by a Portuguese Consulate in the country where the death occurred (83) or certified with the Apostille of Hague.(84)

18. Transcription of death record

18.1. If the Portuguese citizen has passed away in the territory of the former State of India or in another foreign country after 20th December 1961, shall be done the transcription of his death.

18.2. In order to instruct the application for the registration of the death record, the applicant shall present the Death Certificate extracted from the record books of the country where the death has taken place, legalised by the Portuguese Consulate in that country or certified with the Apostille of Hague.(85)

## XI. LEGISLAÇÃO / LEGISLATION

XII. Lei Constitucional n.º 9/74 , de 15 de Outubro

Tendo em vista a declaração conjunta dos Ministros dos Negócios Estrangeiros de Portugal e da União Indiana, feita em Nova Iorque em 24 de Setembro de 1974, durante a XXIX Sessão da Assembleia Geral da Organização das Nações Unidas, pela qual as duas partes manifestaram a intenção de restabelecer relações diplomáticas e consulares entre os dois países e concordaram em cooperar entre si na divulgação da língua e da cultura portuguesas e na preservação dos monumentos histórico-religiosos em Goa, Damão, Diu, Dadrá e Nagar Aveli;

Visto o disposto no n.º 1, 1.º, do artigo 13.º de Lei Constitucional n.º 3/74, de 14 de Maio, o Conselho de Estado decreta e eu promulgo, para valer como lei constitucional, o seguinte:

Artigo único. É autorizado o Presidente da República, ouvidos a Junta de Salvação Nacional, o Conselho de Estado e o Governo Provisório, a concluir um acordo entre Portugal e a União Indiana pelo qual Portugal reconhece a plena soberania da União Indiana sobre os territórios de Goa, Damão, Diu, Dadrá e Nagar Aveli, implicando esse reconhecimento a derrogação da parte correspondente do artigo 1.º da Constituição Política de 1933.

Vista e aprovada em Conselho de Estado.

Promulgada em 15 de Outubro de 1974.

Publique-se.

O Presidente da República, FRANCISCO DA COSTA GOMES.

## XIII. Decreto n.º 206/75, de 17 de Abril

Aprova para ratificação o Tratado entre a Índia e Portugal Relativo ao Reconhecimento da Soberania da Índia sobre Goa, Damão, Diu, Dadrá e Nagar Aveli e Assuntos Correlativos,

Usando da faculdade conferida pelo artigo 16.º, n.º 1, 3.º, da Lei Constitucional n.º 3/74, de 14 de Maio, o Governo decreta o seguinte:

Artigo único. É aprovado, para ratificação, o Tratado entre a Índia e Portugal Relativo ao Reconhecimento da Soberania da Índia sobre Goa, Damão, Diu, Dadrá e Nagar Aveli e Assuntos Correlativos, assinado em 31 de Dezembro de 1974 em Nova Deli, cujos textos nas línguas portuguesa e inglesa vão anexos ao presente decreto, assim como os textos das notas trocadas entre os Governos da Índia e de Portugal relativas ao artigo V daquele Tratado.

Visto e aprovado em Conselho de Ministros. - Vasco dos Santos Gonçalves - Mário Soares.

Assinado em 5 de Abril de 1975.

Publique-se.

O Presidente da República, FRANCISCO DA COSTA GOMES.

## XIV. Tratado entre a Índia e Portugal Relativo ao Reconhecimento da Soberania da Índia sobre Goa, Damão, Diu, Dadrá e Nagar Aveli e Assuntos Correlativos

O Presidente da República da Índia e o Presidente da República Portuguesa,

Reportando-se ao comunicado conjunto assinado em Nova Iorque, em 24 de Setembro de 1974, pelo Ministro dos Assuntos Exteriores do Governo da Índia e pelo Ministro dos Negócios Estrangeiros do Governo de Portugal, no qual se declarava, entre outras coisas, que o Governo Português estava pronto a reconhecer a plena soberania da Índia sobre os antigos territórios portugueses de Goa, Damão, Diu, Dadrá e Nagar Aveli, que se tornaram partes integrantes do território da Índia;

Tomando nota que a Lei Constitucional n.º 9/74, de 15 de Outubro de 1974, publicada no Diário do Governo de Portugal, autoriza o Presidente da República Portuguesa a concluir um acordo entre Portugal e a Índia pelo qual Portugal reconhece a plena soberania da Índia sobre os territórios de Goa, Damão, Diu, Dadrá e Nagar Aveli, e que este reconhecimento implicaria a derrogação da parte correspondente do artigo 1.º da Constituição Portuguesa de 1933;

Tendo em mente o desejo dos povos da Índia e de Portugal de iniciarem uma nova era de amizade e cooperação:

Decidiram concluir um tratado entre ambos os países para dar execução ao entendimento expresso no referido comunicado conjunto e tomar medidas para o restabelecimento de relações normais entre ambos os países, com base na igualdade de soberania e reciprocidade de benefícios, e designaram para este efeito como plenipotenciários:

O Presidente da República da Índia, S. Ex.ª o Senhor Y. B. Chavan, Ministro dos Assuntos Exteriores;

O Presidente da República Portuguesa, S. Ex.ª o Dr. Mário Soares, Ministro dos Negócios Estrangeiros;

os quais acordaram no seguinte:

ARTIGO I

Portugal reconhece que os territórios de Goa, Damão, Diu, Dadrá e Nagar Aveli se tornaram já parte da Índia e reconhece por este meio a plena soberania da Índia sobre estes territórios com efeito a partir das datas em que se tornaram partes da Índia, nos termos da Constituição da Índia.

ARTIGO II

As relações diplomáticas entre a Índia e Portugal serão imediatamente restabelecidas.

ARTIGO III

Ambas as Partes Contratantes acordam em resolver por meio de negociações bilaterais todas as questões entre elas, incluindo as respeitantes à propriedade, bens ou reclamações dos cidadãos dos respetivos países, bem como as questões relativas à propriedade estadual e aos bens de cada um dos Estados nos territórios do outro Estado.

Ambas as Partes acordam também em resolver por meio de negociações bilaterais os direitos e as reclamações de cidadãos indianos e outros indivíduos que tiveram que regressar à Índia de territórios sob administração portuguesa, no que respeita à sua propriedade e bens.

ARTIGO IV

Será concluído o mais brevemente possível um acordo cultural entre Portugal e a Índia. As Partes Contratantes acordam em tomar medidas para desenvolver contactos no campo cultural e, em particular, na promoção da língua e cultura portuguesas e na conservação de monumentos históricos e religiosos em Goa, Damão, Diu, Dadrá e Nagar Aveli.

ARTIGO V

Portugal concorda, em princípio, na entrega à Índia de todos os arquivos, registos, papéis, documentos e outros materiais que digam respeito aos territórios mencionados no artigo I, incluindo aqueles que possam ter sido transferidos para qualquer lugar fora destes territórios. De igual modo, a Índia concorda, em princípio, na transferência para Portugal de todos os arquivos, registos, papéis, documentos e outros materiais que se possam encontrar nos territórios mencionados no artigo I e que não digam respeito principalmente a esses territórios.

As modalidades da sua entrega, acesso, passagem de certidões e consulta mútuas serão estabelecidas pelas vias diplomáticas.

ARTIGO VI

Qualquer questão de interpretação ou aplicação deste Tratado será solucionada entre ambos os países por meio de negociações bilaterais.

ARTIGO VII

O presente Tratado será sujeito a ratificação e entrará em vigor na data da troca dos instrumentos de ratificação, a qual terá lugar em Lisboa. Em fé do que os respetivos plenipotenciários assinaram este Tratado e nele apuseram os respetivos selos.

Feito em duplicado em Nova Deli, aos 31 dias do mês de Dezembro de 1974, nas línguas hindi, portuguesa e inglesa, sendo todos os textos igualmente autênticos.

Pela República da Índia:

J. B. Chavan.

Pela República Portuguesa:

Mário Soares.

## XV. Treaty between India and Portugal on recognition of India's sovereignty over Goa, Daman, Diu, Dadra and Nagar Haveli and related matters

The President of the Republic of India and the President of the Republic of Portugal,

Recalling the Joint Communique signed in New York on 24 September 1974 by the Minister of External Affairs, Government of India and the Minister of Foreign Affairs, Government of Portugal stating, inter alias, that the Government of Portugal was ready to recognise the full sovereignty of India over the former Portuguese territories of Goa, Daman, Diu, Dadra and Nagar Haveli, which had become integral parts of the territory of India,

Noting that the Constitutional Law no. 9/74 of 15 October 1974 published in the State Gazette of Portugal authorises the President of the Republic of Portugal to conclude an agreement between Portugal and India by which Portugal recognises the full sovereignty of India over the territories of Goa, Daman, Diu, Dadra and Nagar Haveli and that this recognition would imply the abrogation of the corresponding part of article 1 of the Portuguese Constitution of 1933,

Bearing in mind the desires of the peoples of India and Portugal to usher in a new era of friendship and cooperation;

Have decided to conclude a treaty between their two countries to implement the understanding expressed in the afore-mentioned Joint Communique and to take steps to reestablish normal relations between their two countries on the basis of sovereign equality and mutual benefit, and have appointed for this purpose as plenipotentiaries:

The President of the Republic of India, His Excellency Shri Y. B. Chavan, Minister of External Affairs;

The President of the Republic of Portugal, His Excellency Dr. Mario Soares, Minister of Foreign Affairs;

who have agreed as follows:

ARTICLE I

Portugal acknowledges that the territories of Goa, Daman, Diu, Dadra and Nagar Haveli have already become parts of India and hereby recognises the full sovereignty of India over these territories with effect from the dates when they became parts of India under the Constitution of India.

ARTICLE II

Diplomatic relations between India and Portugal will be resumed immediately.

ARTICLE III

The two Contracting Parties agree to settle through bilateral negotiations all questions between them including those concerning the property, assets or claims of citizens of their respective countries, as well as questions concerning the State property and assets of either State in the territories of the other State.

The two Parties also agree to settle through bilateral negotiations rights and claims of Indian citizens and other persons who had to return to India from territories under Portuguese administration concerning their property and assets.

ARTICLE IV

A Cultural Agreement between India and Portugal will be concluded as soon as possible. The Contracting Parties agree to take steps to develop contacts in the cultural field and in particular in the promotion of the Portuguese language and culture and the preservation of historical and religious monuments in Goa, Daman, Diu, Dadra and Nagar Haveli.

ARTICLE V

Portugal agrees in principle to return to India all archives, records, papers, documents and other materials relating mainly to the territories mentioned in article I including those which may have been transferred to any place outside these territories. Similarly, India agrees in principle to transfer to Portugal all archives, records, papers, documents and other materials which may be maintained within the territories mentioned in article I and which do not relate mainly to these territories.

The modalities of their return, mutual access, supply of copies and consultation will be settled through diplomatic channels.

ARTICLE VI

Any question of interpretation or application of this Treaty shall be resolved between the two countries through bilateral negotiations.

ARTICLE VII

The present Treaty shall be subject to ratification and shall enter into force on the date of exchange of instruments of ratification which shall take place at Lisbon.

In witness whereof, the respective Plenipotentiaries have signed this Treaty and affixed thereto their seals.

Done in duplicate at New Delhi this the 31st day of December 1974 in Hindi, Portuguese and English languages, all texts being equally authentic.

For the Republic of India:

J. B. Chavan.

For the Republic of Portugal.

Mário Soares.

## XVI. Decreto-Lei Nº 308-A/1975, de 24 de Junho

Considerando que a Lei Nº 2098/1959, de 29 de Julho, regula a atribuição, aquisição, perda e reaquisição da nacionalidade portuguesa;

Considerando que o acesso à independência dos territórios ultramarinos sob administração portuguesa, em resultado do processo de descolonização em curso, vem criar, como facto saliente, a aquisição da nova nacionalidade por parte de indivíduos que, até àquela data, tinham a nacionalidade portuguesa;

Considerando que há conveniência em conceder ou possibilitar a manutenção da nacionalidade portuguesa em casos em que uma especial relação de conexão com Portugal ou inequívoca manifestação de vontade nesse sentido tal justifique;

Usando da faculdade conferida pelo artigo 3º, Nº 1, alínea 3), da Lei Constitucional Nº 6/1975, de 26 de Março, o Governo decreta e eu promulgo, para valer como lei, o seguinte:

_Artigo 1º -_

1. Conservam a nacionalidade os seguintes portugueses domiciliados em território ultramarino tornado independente:

a) Os nascidos em Portugal continental e nas ilhas adjacentes;

b) Até à independência do respetivo território, os nascidos em território ultramarino ainda sob administração portuguesa;

c) Os nacionalizados;

d) Os nascidos no estrangeiro de pai ou mãe nascidos em Portugal ou nas ilhas adjacentes ou de naturalizados, assim como, até à independência do respetivo território, aqueles cujo pai ou mãe tenham nascido em território ultramarino ainda sob administração portuguesa;

e) Os nascidos no antigo Estado da Índia que declarem querer conservar a nacionalidade portuguesa;

f) A mulher casada com, ou viúva ou divorciada de, português dos referidos nas alíneas anteriores e os filhos menores deste.

2. Os restantes descendentes até ao terceiro grau dos portugueses referidos na alínea a), alínea c), alínea d), primeira parte, e alínea e) do número anterior conservam também a nacionalidade portuguesa, salvo se, no prazo de dois anos, a contar da data da independência, declararem por si, sendo maiores ou emancipados, ou pelos seus legais representantes, sendo incapazes, que não querem ser portugueses.

_Artigo 2º -_

1. Conservam igualmente a nacionalidade portuguesa os seguintes indivíduos:

a) Os nascidos em território ultramarino tornado independente que estivessem domiciliados em Portugal continental ou nas ilhas adjacentes há mais de cinco anos em 25 de Abril de 1974;

b) A mulher e os filhos menores dos indivíduos referidos na alínea anterior.

2. Os indivíduos referidos no número anterior poderão optar, no prazo de dois anos a contar da data da independência, pela nova nacionalidade que lhes venha a ser atribuída.

_Artigo 3º_

\- Para os fins do presente diploma, e salvo prova em contrário, presumem-se nascidos em Portugal continental, nas ilhas adjacentes e nos territórios ultramarinos os indivíduos ali expostos.

_Artigo 4º -_

Perdem a nacionalidade portuguesa os indivíduos nascidos ou domiciliados em território ultramarino tornado Independente que não sejam abrangidos pelas disposições anteriores.

_Artigo 5º -_

Em casos especiais, devidamente justificados, não abrangidos por este diploma, o Conselho de Ministros, diretamente ou por delegação sua, poderá determinar a conservação da nacionalidade portuguesa, ou conceder esta, com dispensa, neste caso, de todos ou alguns dos requisitos exigidos pela base XII da Lei Nº 2098/1959, de 29 de Julho, a indivíduo ou indivíduos nascidos em território ultramarino que tenha estado sob administração portuguesa e respetivos cônjuges, viúvos ou descendentes.

_Artigo 6º -_

1. É obrigatório o registo, na Conservatória dos Registos Centrais, das declarações previstas no artigo 1º, nº 2, e artigo 2º, Nº 2.

2 - A declaração de opção prevista no artigo 2º, nº 2, será instruída com documento que prove ser o declarante nacional do novo Estado independente.

_Artigo 7º -_

O pedido de registo de nascimento dos indivíduos que conservam a nacionalidade, nos termos deste diploma, quando necessário, será instruído com prova dos factos de que depende a conservação da nacionalidade.

_Artigo 8º_

São gratuitos todos os atos, processos e registos resultantes da aplicação deste diploma, bem como os documentos necessários à sua instrução.

_Artigo 9º -_

São aplicáveis, como direito subsidiário, a Lei Nº 2098/1959, de 29 de Julho, e o Decreto Nº 43090/1960, de 27 de Julho.

_Artigo 10º -_

As dúvidas que se suscitarem na aplicação deste diploma serão resolvidas por despacho conjunto do Primeiro-Ministro e do Ministro da Justiça.

_Artigo 11º_

\- Este diploma entra imediatamente em vigor.

Visto e aprovado em Conselho de Ministros. - Vasco dos Santos Gonçalves - Álvaro Cunhal - Francisco José Cruz Pereira de Moura - Joaquim Jorge Magalhães Mota - Mário Alberto Nobre Lopes Soares - António de Almeida Santos - António Carlos Magalhães Arnão Metelo - Francisco Salgado Zenha - Ernesto Augusto de Melo Antunes - Jorge Correia Jesuíno.

Promulgado em 21 de Junho de 1975.

Publique-se.

O Presidente da República, FRANCISCO DA COSTA GOMES.

## THE CITIZENSHIP ACT, 1955 ACT NO. 57 OF 1955 1* [30th December, 1955.]

An Act to provide for the acquisition and termination of Indian citizenship.

[30th December, 1955.]

BE it enacted by Parliament in the Sixth Year of the Republic of India as follows:

\- 1. Short title.

1. Short title. This Act may be called the Citizenship Act, 1955.

2. Interpretation.

2. Interpretation.

(1) In this Act, unless the context otherwise requires,

(a) "a Government in India" means the Central Government or a State Government;

(b) "citizen", in relation to a country specified in the First Schedule, means a person who, under the citizenship or nationality law for the time being in force in that country, is a citizen or national of that country;

(c) "citizenship or nationality law", in relation to a country specified in the First Schedule, means an enactment of the legislature of that country which at the request of the Government of that country, the Central Government may, by notification in the Official Gazette, have declared to be an enactment making provision for the citizenship or nationality of that country: Provided that no such notification shall be issued in relation to the Union of South Africa except with the previous approval of both Houses of Parliament.

(d) "Indian consulate" means the office of any consular officer of the Government of India where a register of births is kept, or where there is no such office, such office as may be prescribed;

(e) "minor" means a person who has not attained the age of eighteen years; (f) "person" does not include any company or association or body of individuals, whether incorporated or not; (g) "prescribed" means prescribed by rules made under this Act;

(h) "undivided India" means India as defined in the Government of India Act, 1935, as originally enacted.

1 This Act has been extended to the Union territory of Dadra and Nagar Haveli, Vide Notification No. S. O. 846, dt. 17.3.1962, see Gaz. of India, Extraordenary, Pt. II, sec. 3 (ii), p. 517, the Union territory of Goa, Daman and Diu, vide, Notfin. No. S. O. 847, dt. 17.3.1962, see ibid. and Pondicherry with modifications vide Noti. No. G. S. R. 1557, dt. 24.11.62, Gaz. of India, Pt. II Sec. 3 (i), p. 1886. 2

(2) For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(3) Any reference in this Act to the status or description of the father of a person at the time of that persons's birth shall, in relation to a person born after the death of his father, be construed as a reference to the status or description of the father at the time of the father's death; and where that death occurred before, and the birth occurs after, the commencement of this Act, the status or description which would have been applicable to the father had he died after the commencement of this Act shall be deemed to be the status or description applicable to him at the time of this death.

(4) For the purposes of this Act, a person shall be deemed to be of full age if he is not a minor, and of full capacity if he is not of unsound mind.

ACQUISITION OF CITIZENSHIP

3. Citizenship by birth.

3. Citizenship by birth.

1*[(1) Except as provided in sub-section (2), every person born in India,-

(a) on or after the 26th day of January, 1950, but before the commencement of the Citizenship (Amendment) Act, 1986 (51 of 1986);

(b) on or after such commencement and either of whose parents is a citizen of India at the time of his birth, shall be a citizen of India by birth.]

(2) A person shall not be such a citizen by virtue of this section if at the time of his birth-

(a) his father possesses such immunity from suits and legal process as is accorded to an envoy of a foreign sovereign power accredited to the President of India and is not a citizen of India; or

(b) his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.

4. Citizenship by descent.

(1)2*[A person born outside India,-

(a) on or after the 26th January, 1950, but before the comm- encement of the Citizenship (amendment) Act, 1992 (39 of 1992) shall be a citizen of India by descent if his father is a citizen of India at the time of his birth:]

(b) on or after such commencement, shall be a citizen of India by descent if either of his parents is a Citizen of India at the time of his birth:]

Provided that if the father of such a person 3*[referred to in clause (a)] was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless- (a) his birth is registered at an Indian consulate within one year of its occurrence or the commencement of this Act, whichever is later, or, with the permission of the Central Government, after the expiry of the said period; or

(b) his father is, at the time of his birth, in service under a Government in India:

2*[Provided further that if either of the parents of such person referred to in clause (b) was a citizen of India by descent only, that person shall not be a citizen of India by virtue of this section unless-

his birth is registered at an Indian consulate within one year of its occurrence or the commencement of the Citizenship (Amendment) Act, 1992, whichever is later, or, with the permission of the Central Government, after the expiry of the said period;

or (b) either of his parents is, at the time of his birth, in service under a Government in India.] \--------------------------------------------------------------------- 1 Subs. by Act 51 of 1986, s. 2, for sub-section (1) (w.e.f. 1-7-1987). 2 Subs. by Act 39 of 1992, s. 2, for certain words. 3 Ins. by s. 2, ibid. 3

(2) If the Central Government so directs, a birth shall be deemed for the purposes of this section to have been registered with its permission, notwithstanding that its permission was not obtained before the registration.

(3) For the purposes of the proviso to sub-section (1), 1*[any person] born outside undivided India who was, or was deemed to be, a citizen of India at the commencement of the Constitution shall be deemed to be a citizen of India by descent only.

5. Citizenship by registration.

5. Citizenship by registration. (1) Subject to the provisions of this section and such conditions and restrictions as may be prescribed, the prescribed authority may, on application made in this behalf, register as a citizen of India any person who is not already such citizen by virtue of the Constitution or by virtue of any of the other provisions of this Act and belongs to any of the following categories:-

(a) persons of Indian origin who are ordinarily resident in India and have been so resident for 2*[five years] immediately before making an application for registration;

(b) persons of Indian origin who are ordinarily resident in any country or place outside undivided India;

3*[(c) persons who are, or have been, married to citizens of India and are ordinarily resident in India and have been so resident for five years immediately before making an application for registration.]

(d) minor children of persons who are citizens of India; and

(e) persons of full age and capacity who are citizens of a country specified in the First Schedule: Provided that in prescribing the conditions and restrictions subject to which persons of any such country may be registered as citizens of India under this clause, the Central Government shall have due regard to the conditions subject to which citizens of India may, by law or practice of that country, become citizens of that country by registration.

Explanation.-For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents,

4*** was born in undivided India.

(2) No person being of full age shall be registered as a citizen of India under sub-section (1) until he has taken the oath of allegiance in the form specified in the Second Schedule.

(3) No person who has renounced, or has been deprived of, his Indian citizenship, or whose Indian citizenship has terminated, under this Act shall be registered as a citizen of India under sub-section (1) except by order of the Central Government. \--------------------------------------------------------------------- 1 Subs. by Act 39 of 1992, s. 2, for "any mane persor". 2 Subs. by Act 51 of 1986, s. 3, for "six months" (w.e.f. 1-7-1987). 3 Subs. by s. 3, ibid, for cl. (c) (w.e.f. 1-7-1987). 4 Certain words omitted by s. 3, ibid. (w.e.f. 1-7-1987).

4 (4) The Central Government may, if satisfied that there are special circumstances justifying such registration, cause any minor to be registered as a citizen of India.

(5) A person registered under this section shall be a citizen of India by registration as from the date on which he is so registered; and a person registered under the provisions of clause (b) (ii) of article 6 or article 8 of the Constitution shall be deemed to be a citizen of India by registration as from the commencement of the Constitution or the date on which he was so registered, whichever may be later.

6. Citizenship by naturalisation.

6. Citizenship by naturalisation.

(1) Where an application is made in the prescribed manner by any person of full age and capacity who is not a citizen of a country specified in the First Schedule for the grant of a certificate of naturalisation to him, the Central Government may, if satisfied that the applicant is qualified for naturalisation under the provisions of the Third Schedule, grant to him a certificate of naturalisation: Provided that, if in the opinion of the Central Government, the applicant is a person who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human progress generally, it may waive all or any of the conditions specified in the Third Schedule.

(2) The person to whom a certificate of naturalisation is granted under sub-section (1) shall, on taking the oath of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalisation as from the date on which that certificate is granted. 6A. Special provisions as to citizenship of persons covered by the AssamAccord. 1*["6A. Special provisions as to citizenship of persons covered by the Assam Accord.

(1) For the purposes of this section- (a) "Assam" means the territories included in the State of Assam immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985); (b) "detected to be a foreigner" means detected to be a foreigner in accordance with the provisions of the Foreigners Act, 1946 (31 of1946), and the Foreigners (Tribunals) Order, 1964 by Tribunal constituted under the said Order;

(c) "specified territory" means the territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985);

(d) a person shall be deemed to be of Indian origin, if he, or either of his parents or any of his grandparents was born in undivided India;

(e) a person shall be deemed to have been detected to be a foreigner on the date on which a Tribunal constituted under the Foreigners (Tribunals) Order, 1964 submits its opinion to the effect that he is a foreigner to the officer or authority concerned.

(2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin who came before the 1st day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the 1st day of January, 1966.

(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who-

(a) came to Assam on or after the 1st day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and

(b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and

(c) has been detected to be a foreigner; shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (hereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom.

Explanation.-In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this sub-section and if any question arises as to whether such person complies with any other requirement under this sub-section, the registering authority shall,-

if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding;

(ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said Order having jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference.

(4) A person registered under sub-section (3) shall have, as from the date on whiche he has been detected to be a foreigner and till the expiry of a period of ten years from that data, the same rights and obligations as a citizen of India (including the right to obtain a passport under the Passoports Act, 1967 (15 of 1967), and the obligations connected therewith), but shall not be entitled to have his name included in any electoral roll for any Assemble or Parliamentary constituency at any time before the expiry of the said period of ten years. (5) A person registered under sub-section (3) shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner.

(6) Without prejudice to the provisions of section 8,-

(a) if any person referred to in sub-section (2) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), a declaration that he does not wish to be a citizen of India, such person shall not be deemed to have become a citizen of India under that sub-section;

(b) if any person referred to in sub-section (3) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985 or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub- sections (4) and (5), it shall not be necessary for such person to register himself under sub-section (3). Explanation.- Where a person required to file a declaration under this sub-section does not have the capacity to enter into a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act on his behalf.

(7) Nothing in sub-sections (2) to (6) shall apply in relation to any person- (a) who, immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of1985), is a citizen of India; (b) who was expelled from India before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), under the Foreigners Act, 1946 (31 of 1946).

(8) Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.]

7. Citizenship by incorporation of territory.

7. Citizenship by incorporation of territory.

If any territory becomes a part of India, the Central Government may, by order notified in the Official Gazette, specify the persons who shall be citizens of India by reason of their connection with that territory; and those persons shall be citizens of India as from the date to be specified in the order.

TERMINATION OF CITIZENSHIP

8. Renunciation of citizenship.

8. Renunciation of citizenship.

(1) If any citizen of India of full age and capacity, who is also a citizen or national of another country, makes in the prescribed manner a declaration renouncing his Indian citizenship, the declaration shall be registered by the prescribed authority; and, upon such registration, that person shall cease to be a citizen of India: Provided that if any such declaration is made during any war in which India may be engaged, registration thereof shall be withheld until the Central Government otherwise directs. \--------------------------------------------------------------------- 1 Ins. by Act 65 of 1985, s. 2 (w.e.f. 7-2-1985). 5 (2) Where 1*[a person] ceases to be a citizen of India under sub-section (1), every minor child of that person shall thereupon cease to be a citizen of India: Provided that any such child may, within one year after attaining full age, make a declaration that he wishes to resume Indian citizenship and shall thereupon again become a citizen of India. (3) For the purposes of this section, any woman who is, or has been, married shall be deemed to be of full age.

9. Termination of citizenship.

9. Termination of citizenship.

(1) Any citizen of India who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th January, 1950 and the commencement of this Act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India: Provided that nothing in this sub-section shall apply to a citizen of India who, during any war in which India may be engaged, voluntarily acquires the citizenship of another country, until the Central Government otherwise directs.

(2) If any question arises as to whether, when or how any person has acquired the citizenship of another country, it shall be determined by such authority, in such manner, and having regard to such rules of evidence, as may be prescribed in this behalf.

10. Deprivation of citizenship.

10. Deprivation of citizenship.

(1) A citizen of India who is such by naturalisation or by virtue only of clause (c) of article 5 of the Constitution or by registration otherwise than under clause (b) (ii) of article 6 of the Constitution or clause (a) of sub-section (1) of section 5 of this Act, shall cease to be a citizen of India, if he is deprived of that citizenship by an order of the Central Government under this section.

(2) Subject to the provisions of this section, the Central Government may, by order, deprive any such citizen of Indian citizenship, if it is satisfied that-

(a) the registration or certificate of naturalisation was obtained by means of fraud, false representation or the concealment of any material fact; or

(b) that citizen has shown himself by act or speech to be disloyal or disaffected towards the Constitution of India as by law established; or

(c) that citizen has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged, in or associated with, any business that was to his knowledge carried on in such manner as to assist and enemy in that war; or \--------------------------------------------------------------------- 1 Subs. by Act 39 of 1992, s. 3, for "a male person" 6 (d) that citizen has, within five years after registration or naturalisation, been sentenced in any country to imprisonment for a term of not less than two years; or (e) that citizen has been ordinarily resident out of India for a continuous period of seven years, and during that period, has neither been at any time a student of any educational institution in a country outside India or in the service of a Government in India or of an international organisation of which India is a member, nor registered annually in the prescribed manner at an Indian consulate his intention to retain his citizenship of India.

(3) The Central Government shall not deprive a person of citizenship under this section unless it is satisfied that it is not conducive to the public good that that person should continue to be a citizen of India.

(4) Before making an order under this section, the Central Government shall give the person against whom the order is proposed to be made notice in writing informing him of the ground on which it is proposed to be made and, if the order is proposed to be made on any of the grounds specified in sub-section (2) other than clause (e) thereof, of his right, upon making application therefor in the prescribed manner, to have his case referred to a committee of inquiry under this section.

(5) If the order is proposed to be made against a person on any of the grounds specified in sub-section (2) other than clause (e) thereof and that person so applies in the prescribed manner, the Central Government shall, and in any other case it may, refer the case to a Committee of Inquiry consisting of a chairman (being a person who has for at least ten years held a judicial office) and two other members appointed by the Central Government in this behalf.

(6) The Committee of Inquiry shall, on such reference, hold the inquiry in such manner as may be prescribed and submit its report to the Central Government; and the Central Government shall ordinarily be guided by such report in making an order under this section.

SUPPLEMENTAL

11. Commonwealth citizenship.

11. Commonwealth citizenship. Every person who is a citizen of a Commonwealth country specified in the First Schedule shall, by virtue of that citizenship, have the status of a Commonwealth citizen in India.

12. Power to confer rights of Indian citizen on citizens of certaincountry.

12. Power to confer rights of Indian citizen on citizens of certain country.

(1) The Central Government may, by order notified in the Official Gazette, make provisions on a basis of reciprocity for the 7 conferment of all or any of the rights of a citizen of India on the citizens of any country specified in the First Schedule.

(2) Any order made under sub-section (1) shall have effect notwithstanding anything inconsistent therewith contained in any law other than the Constitution of India or this Act. 13. Certificate of citizenship in case of doubt.

13. Certificate of citizenship in case of doubt. The Central Government may, in such cases as it thinks fit, certify that a person, with respect to whose citizenship of India a doubt exists, is a citizen of India; and a certificate issued under this section shall, unless it is proved that it was obtained by means of fraud, false representation or concealment of any material fact, be conclusive evidence that that person was such a citizen on the date thereof, but without prejudice to any evidence that he was such a citizen at an earlier date.

14. Disposal of application under sections 5 and 6.

14. Disposal of application under sections 5 and 6.

(1) The prescribed authority or the Central Government may, in its discretion, grant or refuse an application under section 5 or section 6 and shall not be required to assign any reasons for such grant or refusal.

(2) Subject to the provisions of section 15, the decision of the prescribed authority or the Central Government on any such application as aforesaid shall be final and shall not be called in question in any court.

15. Revision.

15. Revision.

(1) Any person aggrieved by an order made under this Act by the prescribed authority or any officer or other authority (other than the Central Government) may, within a period of thirty days from the date of the order, make an application to the Central Government for a revision of that order:

Provided that the Central Government may entertain the application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

(2) On receipt of any such application under sub-section (1), the Central government shall, after considering the application of the aggrieved person and any report thereon which the officer or authority making the order may submit, make such order in relation to the application as it deems fit, and the decision of the Central Government shall be final. 16. Delegation of powers.

16. Delegation of powers. The Central Government may, by order, direct that any power which is conferred on it by any of the provisions of this Act other than those of section 10 and section 18 shall, in such circumstances and under such conditions, if any, as may be specified in the 8 order, be exercisable also by such officer or authority as may be so specified.

17. Offences.

17. Offences. Any person who, for the purpose of procuring anything to be done or not to be done under this Act, knowingly makes any representation which is false in a material particular shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

18. Power to make rules.

18. Power to make rules.

(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the registration of anything required or authorized under this Act to be registered, and the conditions and restrictions in regard to such registration;

(b) the forms to be used and the registers to be maintained under this Act;

(c) the administration and taking of oaths of allegiance under this Act and the time within which and the manner in which, such oaths shall be taken and recorded;

(d) the giving of any notice required or authorized to be given by any person under this Act;

(e) the cancellation of the registration of, and the cancellation and amendment of certificates of naturalisation relating to, persons deprived of citizenship under this Act, and the delivering up of such certificates for those purposes;

1*[(ee) the manner and form in which and the authority to whom declarations referred to in clauses (a) and (b) of sub-section (6) of section 6A shall be submitted and other matters connected with such declarations;]

(f) the registration at Indian consulates of the births and deaths of persons of any class or description born or dying outside India;

(g) the levy and collection of fees in respect of applications, registrations, declarations and certificates under this Act, in respect of the taking of an oath of allegiance, and in respect of the supply of certified or other copies of documents;

(h) the authority to determine the question of acquisition of citizenship of another country, the procedure to be followed by such authority and rules of evidence relating to such cases;

(i) the procedure to be followed by the committees of inquiry appointed under section 10 and the conferment on such committees of any of the powers, rights and privileges of civil courts; \--------------------------------------------------------------------- 1 Ins. by Act 65 of 1985, s. 3 (w.e.f. 7-12-1985). 9

(j) the manner in which applications for revision may be made and the procedure to be followed by the Central Government in dealing with such applications; and (k) any other matter which is to be, or may be, prescribed under this Act. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees. 1*[(4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

19. [Repealed.]

19. [Repeals.] Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and Sch. I. SCHE See sections 2(1) (b) and 5(1) (e). THE FIRST SCHEDULE (See sections 2(1) (b) and 5(1) (e).]

A. The following Commonwealth countries:-

1. United Kingdom.

2. Canada.

3. Commonwealth of Australia.

4. New Zealand.

5. Union of South Africa.

6. Pakistan.

7. Ceylon.

8. Federation of Rhodesia and Nyasaland.

2*[9. Ghana. 10. Federation of Malaya. 11. Singapore.]

B. The Republic of Ireland. Explanation.-In this Schedule, "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland, and includes the Channel Islands, the Isle of Man and all Colonies; and "Commonwealth of Australia" includes the territories of Papua and the territory of Norfolk Island. \--------------------------------------------------------------------- 1 Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986). 2 Ins. by Act 65 of 1957, s. 2. 10 SCHE OATH OF ALLEGIANCES THE SECOND SCHEDULE [See sections 5(2) and 6(2).] OATH OF ALLEGIANCE I, A. B........................... do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully observe the laws of India and fulfil my duties as a citizen of India.

SCHE QUALIFICATIONS FOR NATURALISATION THE THIRD SCHEDULE [See section 6(1).] QUALIFICATIONS FOR NATURALISATION The qualifications for naturalisation of a person who is not a citizen of a country specified in the First Schedule are:-

(a) that he is not a subject or citizen of any country where citizens of India are prevented by law or practice of that country from becoming subjects or citizens of that country by naturalisation;

(b) that, if he is a citizen of any country, he has renounced the citizenship of that country in accordance with the law therein in force in that behalf and has notified such renunciation to the Central Government;

(c) that he has either resided in India or been in the service of a Government in India or partly the one and partly the other, throughout the period of twelve months immediately preceding the date of the application;

(d) that during the 1*[twelve years] immediately preceding the said period of twelve months, he has either resided in India or been in the service of a Government in India, or partly the one and partly the other, for periods amounting in the aggregate to not less than 2*[nine years];

(e) that he is of good character;

(f) that he has an adequate knowledge of a language specified in the Eighth Schedule to the Constitution; and

(g) that in the event of a certificate of naturalization being granted to him, he intends to reside in India, or to enter into, or continue in, service under a Government in India or under an international organization of which India is a member or under a society, company or body of persons established in India; \--------------------------------------------------------------------- 1 Subs. by Act 51 of 1986, s. 4, for "seven years" (w.e.f. 1-7-1987). 2 Subs. by s. 4, ibid., for "four years" (w.e.f. 1-7-1987).

11 Provided that the Central Government may, if in the special circumstances of any particular case it thinks fit,-

allow a continuous period of twelve months ending not more than six months before the date of the application to be reckoned, for the purposes of clause (c) above, as if it had immediately preceded that date;

(ii) allow periods of residence or service earlier than 1*[thirteen years] before the date of the application to be reckoned in computing the aggregate mentioned in clause (d) above. \--------------------------------------------------------------------- 1 Subs. by Act 51 of 1986, s. 4, for "eight years" (w.e.f. 1-7-1987). { }

## GOA, DAMAN AND DIU (ADMINISTRATION) ACT 1962

THE GOA, DAMAN AND DIU (ADMINISTRATION) ACT, 1962

ACT NO. 1 OF 1962

[27th March, 1962.]

An Act to provide for the administration of the Union territory of Goa, Daman and Diu and for matters connected therewith. BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:--

Short title and commencement.

1. Short title and commencement. (1) This Act may be called the Goa, Daman and Diu (Administration) Act, 1962.

(2) It shall be deemed to have come into force on the 5th day of March, 1962.

Definitions. 2. Definitions. In this Act, unless the context otherwise requires,-- (a) "Administrator" means the Administrator of Goa, Daman and Diu appointed by the President under article 239 of the Constitution; (b) "appointed day" means the twentieth day of December, 1961; (c) "Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu.

Representation in the House of the People.

3. Representation in the House of the People. (1) There shall be allotted two seats to the Union territory of Goa, Daman and Diu in the House of the People.

(2) In the Representation of the People Act, 1950 (43 of 1950),-

(a) in section 4, in sub-section (1), after the words "to Dadra and Nagar Haveli", the words "to Goa, Daman and Diu" shall be inserted; (b) in the First Schedule,-- (i) after entry 22, the following entry shall be inserted, namely:-- "23. Goa, Daman and Diu.................2"; (ii) entries 23 and 24 shall be re-numbered as entries 24 and 25 respectively.

(3) In the Representation of the People Act, 1951 (43 of 1951), in section 4, after the words "to Dadra and Nagar Haveli", the words "to Goa, Daman and Diu" shall be inserted. 668

Officers and function aries in relation to Goa, Daman and Diu. 4. Officers and function aries in relation to Goa, Daman and Diu. Without prejudice to the powers of the Central Government to appoint from time to time such officers and authorities as may be necessary for the administration of Goa, Daman and Diu, all judges, magistrates and other officers and authorities who, immediately before the commencement of this Act, were exercising lawful functions in connection with the administration of Goa, Daman and Diu or any part thereof, shall, unless otherwise directed at any time by the Central Government in relation to any such judge, magistrate or other officer or authority, or until other provision is made by law, continue to exercise in connection with such administration their respective functions in the same manner and to the same extent as before such commencement with such altered designation, if any, as that Government may determine.

Continuance of existing laws and their adaptation.

5. Continuance of existing laws and their adaptation. (1) All laws in force immediately before the appointed day in Goa, Daman and Diu or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority.

(2) For the purpose of facilitating the application of any such law in relation to the administration of Goa, Daman and Diu as a Union territory and for the purpose of bringing the provisions of any such law into accord with the provisions of the Constitution, the Central Government may, within two years from the appointed day, by order, make such adaptations and modifications, whether by way of repeal or amendment, as may be necessary or expedient and thereupon, every such law shall have effect subject to the adaptations and modifications so made.

Power to extend enactments to Goa, Daman and Diu. 6. Power to extend enactments to Goa, Daman and Diu. The Central Government may, by notification in the Official Gazette, extend with such restrictions or modifications as it thinks fit, to Goa, Daman and Diu any enactment which is in force in a State at the date of the notification.

Extension of the jurisdiction of Bombay High Court to Goa, Daman and Diu. 7. [Extension of the jurisdiction of Bombay High Court to Goa, Daman and Diu.] Rep. by the Goa, Daman and Diu Judicial Commissioner's Court (Declaration as High Court) Act, 1964 (16 of 1964), s. 8 (w.e.f. 16-12-1963).

Power to construe laws. 8. Power to construe laws. For the purpose of facilitating the application of any law in relation to Goa, Daman and Diu, any court or other authority may construe any such law in such manner not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority. 669

Validation of certain action and indemnity of officers for certainacts. 9. Validation of certain action and indemnity of officers for certain acts. (1) All things done and all action taken (including any acts of executive authority, proceedings, decrees and sentences) in or with respect to Goa, Daman and Diu on or after the appointed day and before the commencement of this Act, by the Administrator or any other officer, whether civil or military, or by any other person acting under the orders of the Administrator or such officer, which have been done or taken in good faith and in a reasonable belief that they were necessary for the peace and good government of Goa, Daman and Diu shall be as valid and operative as if they had been done or taken in accordance with law.

(2) No suit or other legal proceeding whatsoever, whether civil or criminal, shall lie in any court of law against the Administrator or any other officer of Government, whether civil or military, or against any other person acting under the orders of the Administrator or such other officer for, or on account of, or in respect of, anything done or any action taken in Goa, Daman and Diu or any part thereof on or after the appointed day and before the commencement of this Act which has been done or taken in good faith and in a reasonable belief that it was necessary for the peace and good government of Goa, Daman and Diu: Provided that if any such suit or other legal proceeding has been instituted before the commencement of this Act, it shall, on such commencement, abate.

Power to remove difficulties.

10. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act or in connection with the administration of Goa, Daman and Diu, the Central Government may, by order, make such further provision as appears to it to be necessary or expedient for removing the difficulty.

(2) Any order under sub-section (1) may be made so as to be retrospective to any date not earlier than the appointed day.

Repeal and saving.

11. Repeal and saving. (1) The Goa, Daman and Diu (Administration) Ordinance, 1962 (2 of 1962), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act.

CommonLII: URL: http://www.commonlii.org/in/legis/num_act/gdada1962268

# Decreto-Lei nº 249/77, de 14 de Junho

Simplifica a forma de ingresso nos livros do registo civil português dos atos de registo civil anteriormente lavrados nas ex-colónias

A independência das ex-colónias impõe que se regule a forma de ingresso nos livros do registo civil português dos aos de registo civil anteriormente lavrados nesses territórios.

Para além disso, o considerável aumento do movimento da Conservatória dos Registos Centrais, nomeadamente no que respeita a problemas de nacionalidade, aconselha a simplificação do regime de atualização do respetivo quadro de pessoal.

Assim:

O Governo decreta, nos termos da alínea a) do nº 1 do artigo 201º da Constituição, o seguinte:

Artigo 1º. 1. Os atos de registo civil ou de registo paroquial com eficácia civil, respeitantes a cidadãos portugueses, lavrados nas ex-colónias podem ingressar nos livros do registo civil português, oficialmente, nas condições que vierem a ser estabelecidas por despacho do Ministro da Justiça ou a requerimento dos interessados com base no assento original.

2. Nos casos de omissão do assento ou em que não seja viável obter a certidão do assento original com a brevidade normal, podem os interessados recorrer aos meios previstos no Código do Registo Civil para suprimento de omissão de registo.

3. Para os fins do disposto no número anterior, quando for necessário instaurar processo de justificação judicial, não são aplicáveis o nº 1, alínea b), nº 2, nº 3 e nº 4 do artigo 318º do Código do Registo Civil.

4. No processo de inscrição tardia de nascimento, a certidão de casamento dos pais do registando, quando celebrado nas ex-colónias, pode ser substituída por prova testemunhal.

5. Na inscrição de nascimento, quando não seja viável obter certidão do respetivo assento lavrado nas ex-colónias, a intervenção de um ou de ambos os pais, para o efeito da menção de filiação, pode ser substituída pela apresentação do bilhete de identidade, cédula pessoal ou certidão do registo de casamento do registando, desde que deles conste essa filiação.

Artigo 2º - 1. Para o ingresso previsto dos assentos de nascimento, de declaração de maternidade e de perfilhação previstos no artigo anterior é competente a Conservatória dos Registos Centrais.

2. Para o ingresso dos assentos de casamento e de óbito previstos no artigo anterior a competência da conservatória determina-se de acordo com o estabelecido respetivamente no nº 2 do artº 187º e nos nºs 5 e 6 do artº 200º do Código do Registo Civil.

3. Se não constar do registo civil nacional o assento de nascimento das pessoas a quem respeite o assento de casamento ou de óbito, ou se se tratar de facto sujeito a registo para o qual não seja competente nenhuma outra conservatória, a competência para o ingresso desses atos é da Conservatória dos Registos Centrais.

Artigo 3º - O registo previsto no artigo 1º e os atos, documentos e processos a ele respeitantes são isentos de selos e emolumentos.

Artigo 4º - O disposto no nº 2 a nº 5 do artigo 1º e no artigo 2º e artigo 3º pode ser aplicável a território ainda sob administração portuguesa, mediante despacho do Ministro da Justiça.

Artigo 5º - São ineficazes os averbamentos de cancelamento exarados nos assentos de registo civil por efeito do seu ingresso no registo civil dos antigos territórios ultramarinos, devendo a ineficácia ser averbada, oficiosamente, pelo funcionário competente.

Artigo 6º - Na Conservatória dos Registos Centrais é criado mais um lugar de conservador-adjunto e um lugar de telefonista com a categoria da letra S, que fica integrado no quadro de pessoal auxiliar.

Artigo 7º - Aos conservadores-adjuntos compete coadjuvar o conservador, que, nas suas faltas e impedimentos, é substituído pelo conservador-adjunto que o diretor-geral dos Registos e do Notariado designar ou, na falta de designação, pelo mais antigo.

Artigo 8º - O quadro auxiliar da Conservatória dos Registos Centrais pode ser alterado por portaria do Ministro da Justiça, mediante proposta do diretor-geral dos Registos e do Notariado.

Artigo 9º.- É revogado o nº 3 do artigo 9º do Código do Registo Civil.

Mário Soares - Henrique Teixeira Queirós de Barros - Joaquim Jorge de Pinho Campinos - António de Almeida Santos.

Promulgado em 31 de Maio de 1977.

Publique-se.

O Presidente da República, ANTÓNIO RAMALHO EANES.

## BIBLIOGRAFIA

BODIN, J. Os Seis Livros da República.

CORREIA, F. (1933). Lições de Direito Internacional Privado. Universidade de Coimbra.

KLOGUEN, D. L. (1831). An Historical Sketch of Goa. Nova Deli: B.R. Publishing Corporation.

MACHADO, B. (1982). Lições de Direito Internacional Privado. Coimbra: Almedina.

RAMANI, S. Y. (2008). Operation Vijay - The ultimate solution. Pangim: Boadway Book Center.

RAMOS, R. M. (1992). Do direito da nacionalidade portuguesa. Coimbra: Coimbra Editora.

REGO, A. D. (1965). Os Ingleses em Goa (1799-1813). Lisboa: ICSPU.

SALDANHA, M. G. (1990). História de Goa (Política e Arqueológica). Velha Goa.

SAMPAIO, Á. (2003). Código do Registo Civil Anotado. Coimbra: Almedina.

SILVA, B. D. (1975). Dossier Goa - Vassalo e Silva - A recusa de sacrifício inútil. Lisboa: Liber.

## XVII. NOTES

Note 1 - The Resolution expressly refers to the teritories of Goa, Damabn and Dius and their dependent territories (the enclave of Tiracol and the island of Angediva in Goa, the enclaves of Dadra and Nagar Haveli in Daman, and the territories of Ghoghla and Simbor in Diu).

Note 2 - http://lawmin.nic.in/coi/coiason29july08.pdf

Note 3 - Article 1, 3, c

Note 4 - And of the French colony of Pondichery

Note 5 - http://indiacode.nic.in/coiweb/fullact1.asp?tfnm=10

Note 6 - http://indiacode.nic.in/coiweb/fullact1.asp?tfnm=12

Note 7 - UNITED NATIONS, Document 14321, vol 982-1

Note 8 -Check the text of the Treaty at the legislation annex.

Note 9 -Check this legislation in the end.

Note 10 - New State. Free translation.

Note 11 - ANTÓNIO DE SPÍNOLA, in speech from 11/10/1974: «The main point of our ideas lies down on the concept of self-determination, which imposes ifself to be clarified, in order to not allow these speculations, that have been sorrounding it, to continue to spread so much commotion and doubt.

I shall begin by affirming that I do not have, myself, the concept of os self-determination as suitable only the African territories; in the concept framework in which I fit in, the Movement of 25th of April was, deep inside, the recovering of that right by the Portuguese people. Thus, I understand as self-determination, the exercise of the capability of the citizens of a society to elect the Statute by which they are going to by ruled, the sovereignty they wish to recognise and the way of common life they intend to carry on – to sum up, to practise the acts resulting of an individual or free social will contientiously formed. » Free translation.

Note 12 - Published in the end

Note 13 - Text in full published in the end

Note 14 - The same as naturalised accordind to

Note 15 - RAMOS 92, pag. 72. The current president of the Constitutional Tribunal considers the Decree-Law 308-A/75 as inconstitutional, above.

Note 16 - Guinea Bissau, Cape Verde, Angola, Mozambique and Sao Tome and Principe.

Note 17 - Decree 206/75, of 17th April

Note 18 -Accordingly the Court Decision of the Supreme Court of Justice, Data Basis of the ITIJ, reference JSTJ00002288, which summary we quote:

« I –The requirement of the residence in oversaeas territory which has become independent, that appers in the article 1, 1 of the Decree-Law 308-A/75 of 24th June, only concerns to the Portuguese to whom section 1 refers and not to those mentioned at the section 2 of the same rule.

II – The mentioned section 2 only does not apply to the underage descendent.

III – Only has kept the Portuguese nationality, under the terms of the 1st part of the reported section 2, the person born in Lourenço Marques, on 12th August 1942, and resident in the Republic of South Africa, on the date of the independence of Mozambique, for being son a Portuguese, born in the former State of India, who has maintained the Portuguese nationality under the terms of section (e) of the alluded article 1 of the Decree-Law 308-A/75».

Note 19 - BODIN Six Books of the Commonweatlh

Note 20 - Act 2112, of 17th February 1962

Note 21 - Constitution of India, at Ministry of Law and Justice of India: http://lawmin.nic.in/coi/coiason29july08.pdf

Note 22 - The Order, S. O. 959 dated 28 March 1962, was published in the Gazette of India, Pt. II, Sec. 3 (i), dated 29 March 1962.

Note 23 - Act 2098, Base XVIII

Note 24 - The Republic of India was, yet, very pragmatic relating to the citizens that made a choice for the Portuguese nationality, under the terms of the citizen orders. Below it is reproduced an excerpt taken from the decision of the case Rev. Mons. Sebastiao Francisco Xavier dos Remedios Monteiro v. The State of Goa, Supreme Court of India, 26 March 1969. In All India Reporter 1970 SC 329:

(...)

(c) When Conventions lies down that annexation has no effect they speak of premature or anticipated annexation. It was so held by the Nuremberg Tribunal and the experts who drafted the Convention where inclined to add the word "alleged" before "annexation" in Art. 47 to distinguish between annexation following conquest and subjugation and annexation made while hostilities were going on subjugation puts an end to the State of war and destroys the source of authority of the existing Government. In subjugation which is recognised as one of the modes of acquiring title not only the de facto but also the de jure title passes to the conqueror. After subjugation the inhabitants must obey the laws such as they are and not resist them. (100 C-D)

(d) Under Art. 6 the Convention continues to apply to occupied territory for one year after the general close of hostilities for the reason that if the Occupied Power turns victorious the land would be freed in one year, and if the Occupying Power remains victorious, as hostilities cease, strong measures against the civilian population are no longer necessary. Otherwise also, occupation, which means belligerent occupation, comes to an end when hostilities cease and the territory becomes a part of the Occupying Power. (100 F-G)

(e) Title to new territory is not dependent on recognition. Despite the Stimson doctrine the conquest of Abyssinia by Italy was recognised because it was thought that the State of affairs had come to stay. Even after the adoption of the United Nations Charter events since the Second World War have shown that transfer of title to territory by conquest is still recognised. If cession after defeat can create title, occupation combined with absence of opposition must lead to the same result. (100 11-101 B)

(f) In the present case the military engagement was only a few hours duration and there was no resistance at all. It was hardly necessary to try to establish title by history traced to the early days nor any room for Schwarzenburger's thesis that title is relative and grows with recognition. True annexation followed here so close upon military occupation as to leave no real hiatus. True annexation by conquest and subjugation was complete on December 20, 1961 and the Geneva Convention ceased to apply from that date. It was not disputed that the annexation was lawful. Therefore since occupation in the sense used in Art. 47 had ceased the protection must cease also. (101 C-F)

Minquiers and Ecrenos, 1953 (I.C.J.) 47 and Schwarzenegger : A Manual of International Law, 5th Edn. p. 12, referred to.

(iv) The national status of subject of the subjugated State is a matter for the State and courts of law can have no say in the matter. Having chosen Portuguese nationality the appellant could only stay in India on taking out a permit. He was therefore rightly convicted under the law applicable to him. (101 H-102 B).

Note 25 - Check legislation attached in the end

Note 26 - The Notice of 18th June 1977 came to announce that «on 3rd June 1973...» This is, obviously, a mistake. The ratification letters were exchanged in 1975

Note 27 - That is, until 2nd June 1975, inclusively.

Note 28 - Effectiveness of the Nationality Act

\- Continental Portugal – 8/10/1981

\- Azores and Madeira - 13/10/1981

\- Abroad – 2/11/1981

\- Macau – 21/1/1981

Note 29 - Portuguese Civil Register Office

Note 30 - Guinea Bissau, Angola, Cape Verde, Sao Tome and Principe and Mozambique

Note 31 - Article 21 of Portuguese Nationality Act:

_1 – The originary Portuguese nationality of the persons embraced by subsections (a), (b) and (f) of section 1 of Article 1, shall be proved by the Birth Certificate._

_2 – It is deemed as a Portuguese national the person whose Birth Certificate does not states the foreign nationality of his parents or its unknowledgement._

_3 – The originary nationality of the persons embraced by subsection (c) of section 1 of Article 1, shall be proved, consonant with the cases, by the mentions contained in the Birth Certificate registered through inscription at the Portuguese Civil Register Office or by the registration of the declaration that the atribution depends upon._

_4 – The originary nationality of the persons embraced by subsection (d) of section 1 of Article 1, shall be proved by the Birth Certificate containing the mention that either one of the parents is portuguese-born and his residence in the national territory._

_5 – The originary Portuguese nationality of the persons embraced by subsection (e) of section 1 of Article 1, shall be proved by the registration of the declaration that the atribution depends upon._

Note 32 - Ver The Goa, Daman and Diu Administration Act, a final

Note 33 - Portuguese Civil Register Office

Note 34 - Article 13 – Intermediation with the Conservatória dos Registos Centrais

1 - The applications, declarations and documents that will instruct the applications and registration procedures at the Conservatória dos Registos Centrais shall be submitted at any Portuguese civil register office, which shall proceed to its immediate online remittance.

2 - The declarations provided in the previous section shall be in writting and read out loud in front of all intervening parties by the civil register authority or the registration officer of the conservatória.

3 - Having received the declaration, the Conservatória dos Registos Centrais shall register the record within the deadline of one day .

4 - If the declarations are deficient, the conservatória referred to at the previous section, shall immediately request its rectification to the applicants without the charge of extra fees, and the rectification may be promoted at any conservatória do registo civil.

Note 35 - Opposite to other government departments, the Instituto do Notariado (Notary Institute) and, especially, the Conservatória dos Registos Centrais (Central Civil Register Office) have an active position against the unlawful powers of attorney.

For this purpouse, the General Director of the Registrations and Notary has ssued the following Instrução de Serviço (Service Instruction):

_«For execution and observation of the services, it is made known to everyone the service instructions emaneted from the office of His Excellecy State Secretary of Justice, framed as a measure to combat the unlawful powers of attorney:_

_Service Instructions_

_During the costumer service, the offices shall observe the following rules originated from the Decree-Law 84/84 of 16th March, altered and republished by Act 80/2001 of 20th July:_

_1. The public entities, especially, the public register office and notaries, shall colaborate with the departments of the Bar Association, providing, when requested, copies, certificates, information and clariications, including the remittance of the procedure in trust, under the terms in which the oficial departments shall satisfy the requirements of the judicial courts (Article 6, 1);_

_2. The authorithies and public servants shall assure to the lawyers, whilst in the exercise of the profession, compatible treatment to dinity of lawyering and appropriated conditions for the effective performance of their duties (Article 58);_

_3. During the exercise of the profession, the lawyer may request before any public deparment, the examnation of procedures, books or documents that do not hold the private or secret status, as much as, verbally or by written, request the issuing of the certificates, with no need to present the Powers of Attorney (Article 63, 1);_

_4. The lawyers, whilst exercising the profession, shall be preferentially served by any public servant to whom they adress themselves (Article 63, 2);_

_5. The lawyeras and solicitors arethe only professonals legally qualified to carry out attorney acts;_

_6. Thus, it shall be prevented others to carry out acts reseved to lawyers and solicitors, which are unlawfully, and consequently will harm the citizen/consumer;_

_7. All those who intend to carry out these acts shall be identified, only allowing the intervention of the interested parties or lawyers or solicitors, that shall prove their qualification;_

_8. When other than the interested party, lawyer or solicitor, intend to carry out these acts, he shall identify himself as person or entity and determine his professional qualification and/or titles, being the Bar Association and the Solicitor's Chamber notified.;_

_9. In order to make the practical application of the aforesaid principles easier, shall be reserved, if possible, a special guichet for the identified lawyers, solicitors andcourt servants. »_

Note 36 - Approved by the Decree-Law 131/95 of 6th June, with the alterations introduced by the Decree-Laws 224-A/96 of 26th November, 36/97 of 31st January, 120/98 of 8th May, 375-A/99 of 20th September, 228/98 of 2nd August, 273/2001 of 13th October, 323/2001 of 17th September, 113/2002 of 20th April, 194/2003 of 23rd August, 53/2004 of 18th March, 324/2007 of 28th September and by Act 29/2007 of 2nd August.

Note 37 - Civil Registration Code:

Article 2 - The attentiveness of the facts subject to registration

Except in case of contrary legal provision, the facts whose registration is compulsory shall only be invoked after registered.

Article 3 – Probative value of the registration.

1 – The evidence resulting from the civil registration concerning the facts that are compulsorily subject to registration and to the correspondent shall not be refuted by any other one, unless at the State and registration legal procedures.

2 – The facts registered may not be challenged in Court without being request the cancellation or retification of the correspondent records.

Article 4 – Evidence of the facts subject to registration

The evidence of the facts subject to registration shall only be given through the means provided for in this Code.

Note 38 - _Civil Registration Code_

Artigo 29 – Judgement of complaints

1 – The complaints shall be decided by the Civil Register Officer within the deadline of 15 days.

2 – Once alleged the omission of a record, and answered the complaint, the omitted record is registered following the last record ammended, based on the elements oferred by the complainer and the elements automatically gathered by the Civil Register Office.

3 – Once denied the complaint, the decision shall be communicated to the complainer.

Note 39 - Civil Registration Code

Article 33 – Supply of the omission not complained.

1 – The lack of insertion of any record, not complained at the proper time, shall only be supplied, after finished the ammendment, against procedure of admnistrative justification.

2 – The lack of insertion of annotation may be supplied at ant time, under the terms of article 81.

Note 40 Civil Registration Code

Article 83 - Supply of omission

1 – Whether it is not possible to supply, under the terms especially provided for in this Code, the omission of record not registered at the proper time, the same shall be supplied by one of the following forms:

a) Being about a record that shall be registered by inscription, the omitted registration is made against decision of the Civil Register Officer through procedure of admnistrative justification;

b) If the registration shall be made through transcription, the Civil Register Officer shall request to the compentent entitity the necessary title to be registered;

c) If the original record has not been registered, the Civil Register Officer shall arrange to the competent entity to supply the omission and to remit to the Portuguese Civil Register Office the respective title;

d) Whether it is not possible to obtain the title destinated to the transcription, it shall be applied what is provided for subsection (a).

2 – The Civil Register Officer, as soon as is made aware of the omission of a record, is obliged to promote its suply, with all necessary inquiries the case demands.

Article 84 - Elements that shall be registered.

The decision that determines the registration of an omitted record, fixes, concrete and expressly, all elements that shall be regustered, according to the legal requirements of each specie.

Note 41 - Taking into account the insconstitutionality of the segregation contained on basis I, 1, (b) of Act 2098, the children of Portuguese mother shall be considered Portuguese.

Note 42 - In compliance with Act 2098.

Note 43 - Check practical cases below

Note 44 - Just like the article 14 of the Nationality Act currently establishes

Note 45 - CORREIA page 435 and, MACHADO, page 287

Note 46 - Check act at Legislation Annex

Note 47 - The Indian authority that is competent to issue the Apostille is the Joint Secretary (Consular), MEA., CPV Division, Patiala House Annexe, Tilak Marg, New Delhi, India.

The e-mail addresses are jscons@mea.gov.in / dcpf@mea.gov.in.

For further information check The Hague Conference website at

http://www.hcch.net/index_en.php?act=authorities.details&aid=643

Note 48 - The impression I had was that, after visiting Goa, the referred Conservatória does not have a clue of the resources of that Consulate, where I have found a service of exceptional quality, comparing to others, but where there are not means that would allow them to answer to this sort of investigation in a serious manner.

The Consulate has half-dozen servants and a huge queue, every day, made by persons who, usually, have been waiting during years for a solution to their problems.

There is not, with such resourcers, the minimal chance of making a proper investigation which, by the way, is not justified in most of the cases.

Note 49 - http://www.irn.mj.pt/sections/irn/a_registral/registos-centrais/docs-da-nacionalidade/atribuicao-da3585/

Note 50 - Act 2112 of 17th February 1962

Note 51 - Check The Goa, Daman and Diu Administration Act

Note 52 - Guinea Bissau, Cape Verde, Angola, Mozambique and Sao Tome and Principe.

Note 53 - «Acquired» , according to the Indian Constitutional language

Note 54 - Decree 206/75 of 17th April

Note 55 - It may imply the loss of the Indian nationality, in the case of the citizens that are also Indian, by being a voluntaru acquisition of originary nationality.

Note 56 - Read it taking into account the context of this work, which is the portuguese from India

Note 57 - Check basis XVII of Act 2098 of 29th July 1959 and article 21 of the current Nationality Act.

Note 58 - There is a discussion relating to those born after 20th December 1961.

Note 59 - The last day to be considered for birth is 2nd June 1975

Note 60 - Check article 39 of the Civil Registration Code.

Note 61 - Check article 43 of the Civil Registration Code

Note 62 - Article 43,3 of the Civil Registration Code

Note 63 - Decree-Law 267/92 of 28th November

Single Article.

1 – The Powers of Attorney given to lawyers in order to practise the acts that involve the exercise of the judiciary sponsorship, yet with special powers, lack of notary intervention, and the attorney shall certify himself of the existence, of the donor or donors, of the necessary powers for this act.

2 – The Powers of Attorney with special powers shall specify to what sort of acts, no matter its nature, these power are being given.

It is applied to the solicitors what is provided for the single article of Decree-Law 267/92 of 28th November, under the terms of single article of Decree-Law 168/95 of 15th July.

Note 64 - Act 37/2001 of 3rd October

Note 65 - With respect to this, the Legal Opinion of the Portuguese Bar Association referring to procedure E/936, in www.oa.pt:

«(...)

3º. – The Decree-Law 267/92 of 28th November has come to abolish the obligatoriness of the notary authentication of the signatures on the Powers of Attorneys given to lawyers, with general or special powers;

4º. – Not being compulsory the notary authentication on the Powers of Attorney, it cannot be demanded, by any entity, another form of verification of the signature of the donor than the exhibition of the Bilhete de Identidade;

5º. – Only the lawyer is entitled certify himself of the identity and powers of the donor, not being lawful any third party to demand any probing document of the authorship of the signature or powers of the signatiry.»

The same principle is also valid for the rogatory Powers of Attorney, Tribunal da Relação de Coimbra, Secção Cível, Judgement of 31st January 2006, Process 3438/05 Judge Rui Barreiros da Silva:

«POWERS OF ATTORNEY. ROGATORY SIGNING. The Powers of Attorney given to a lawyer and signed by the husband of the donor, since she does not know how to sign, does not need of notary intervention. It is an obligtion of the lawyer to certify himself of the existence of necessary powers for the Powers of Attorney. The Powers of Attorney may be signed in front of the lawyer or in his absence, but in case of not witnessing of the signing; the lawyer shall confirm the rogatory status of the Powers of Attorney and mention it on the Powers of Attorney. »

.

Note 66 - Check what has been already explained about the integration and transcription of marriage

Note 67 - Consular secction of the Embassy of Portugal in New Delhi

Phones: (009.111) 460.710.01 - Fax: (009.111) 460.710.03

Email: emportin@ndf.vsnl.net.in

Address

4, Panchsheel Marg, Chanakyapuri

New Delhi - 110021

Índia

Working hours

From Monday to Friday from 9.00 to 16.00

Observaction

The Embassy of Portugal in New Delhi answers for India, Nepal, Bangladesh and Sri Lanka.

General Consulate of Portugal in Goa

Phones

Phone1: (009.1) 832. 24.215.24

Phone2: (009.1) 832. 24.215.25

Faxes

Fax1: (009.1) 832. 24.215.21

Fax2: (009.1) 832. 24.215.22

Email1: mail@goa.dgaccp.pt

Address

Parwati- Houses nº 38/39,

Father Agnelo Road

Altinho

Pangim-Goa - 403 001

India

Working hours

From Monday to Friday, from 9.00 to 13.00.

Note 68 - The Indian authority who is competent to issue the Apostille is the Joint Secretary (Consular), MEA., CPV Division, Patiala House Annexe, Tilak Marg, New Delhi, India.

E-mail: jscons@mea.gov.in / dcpf@mea.gov.in

Note 69 - Check note 110

Note 70 - Check note 111

Note 71 - If it was made through declaration or transposition of the record registered by the Portuguese authorities.

Note 72 - And this is because the Portuguese nationality is by virtue of the law and of the requirements thereby established and taking into account the rules on the compulsory registration of article 1 of Civil Registration Code.

Note 73 -The same principle is valid if the wedding was celebrated in any other territory under the Portuguese administration.

Note 74 - If the spouse was born in the territory of the former Portuguese State of India, before 3rd June 1875, he is portuguese citizen, therefore the integration of his birth shall also be applied for

Note 75 - Check note 110

Note 76 - Check note 111. If the wedding was celebrated outside India, the Apostille that shall be stamped it the one issued by the authorities of the country where the wedding was celebrated.

Note 77 - The review and confirmation of the judgment is not compulsory if it was rendered by a Portuguese Court of the former State of India.

Note 78 - Relation Court. Free translation.

Note 79 - Revoked by Council Regulations (EC) 2201/2003 of 27th November

Note 80 - It does not need to be legalised or stamped with the Apostille of Hague

Note 81 - Ibidem, previous note.

Note 82 - There are lawsuits that take years to end due to problems with the notification.

Note 83 - Check note 110

