(Published in the Gazette of India Extraordinary Part – I
Section 1 dated the 23rd August 1988 )
Government of India
Ministry of Home Affairs
New Delhi the 23rd August, 1988
Whereas it has come to the notice of the Central Government that there have been some misconception about the citizenship at the commencement of the Constitution of India of certain classes of person commonly known as Gorkhas, who had settled in India at such commencement.
And whereas it is considered necessary to clear such misconception it is hereby clarified as follows:
(1) As from the commencement of the Constitution, that is as from 26-1-1950, every Gorkha who had his domicile in the territory of India, as defined in Article 1 (2) of the Constitution of India and
a. Who was born in the territory of India or
b. Either of whose parents was born in the territory of India.
c. Who had been ordinarily resident in the territory of India for not less than five years before such commencement shall b e a citizen of India as provided in Article 5 of the Constitution of India
(2) No such person as is referred to in paragraph (1) above shall be a citizen of India or be deemed to be a citizen of India if he has voluntarily acquired the citizenship of any foreign State, as provided in Article 9of the Constitution of India.
(3) Every person who is citizen of India at the commencement of the Constitution as aforesaid shall continue to be such a citizen subject to the provision of any law that may be made Parliament as provided in Article 10 of the Constitution of India.
(4) The provisions of the Citizenship Act 1965 and the Rules and orders made there-under shall apply to the persons referred to in paragraph (1) after the commencement of Constitution.
Joint Secretary to the Government of India
TREATY OF SEGOWLEE 02.12.1815.
TREATY of PEACE between the HONOURABLE EAST INDIA COMPANY AND MAHARAJAH BIKRAM SASH, Rajah of Nipal, settled between LIEUTENANT-COLONEL BRADSHAW on the part of the HONOURABLE COMPANY, in virtue of the full powers vested in him by HIS EXCELLENCY the RIGHT HONOURABLE FRANCIS, EARL of MOIRA, NIGHT OF THE MOST NOBLE ORDER of the GARTER, one of HIS MAJESTY’s MOST HONOURABLE PRIVY COUNCIL, appointed by the Court of Directors of the said Honourable Company to direct and control all the affairs in the East Indies, and by SREE GOOROO GUJRAJ MISSER and CHUNDER SEEKUR OPEDEEA on the part of MAHA RAJAH GIRMAUN JODE BIKRAM SAH BAHAUDEER, SHUMSHEER JUNG, in virtue of the powers to that effect vested in them by the said Rajah of Nipal,-2nd December 1815.
Whereas war has arisen between the Honourable East India Company and the Rajah of Nipal, and whereas the parties are mutually disposed to restore the relations of peace and amity, which, previously to the occurrence of the late differences, had long subsisted between the two States, the following terms of peace have been agreed upon:-
ARTICLE 1ST: There shall be perpetual peace and friendship between the Honourable East India Company and the Rajah of Nipal.
ARTICLE 2ND: The Rajah of Nipal renounces all claim to the lands which were the subject of discussion between the two States before the war; and acknowledges the right of the Honourable Company to the sovereignty of those lands.
ARTICLE 3RD: The Rajah of Nipal hereby cedes to the Honourable the East India Company in perpetuity all thee under mentioned territories,
FIRST- The whole of the low lands between the Rivers Kali and Rapti.
SECONDLY- The whole of the low lands (with the exception of Bootwul Khas) lying between the Rapti and the Gunduck.
THIRDLY- The whole of the low lands between the Gun duck and Coosah in which the authority of the British Government has been introduced, or is in actual course of introduction.
FOURTHLY- All the low lands between the Rivers Mitchee and the Teestah,
FIFTHLY- All the territories within the hills eastward of the River Mitchee including the fort and lands of Nagree and the Pass of Nagrcote leading from Morung into the hills, together with the territory lying between that Pass and Nagree. The aforesaid territory shall be evacuated by the Gurkha troops within forty days from this date.
ARTICLE 4TH: With a view to indemnify the Chiefs and Barahdars of the State of Nipal, whose interests will suffer by the alienation of the lands ceded by the foregoing Article, the British Government agrees to settle pensions to the aggregate amount of two lakhs of rupees per annum on such Chiefs as may be selected by the Rajah of Nipal, and in the proportions which the Rajah may fix. As soon as the selection is made, Sunnud shall be granted under the seal and signature of the Governor-General for the pensions respectively.
ARTICLE 5TH: The Rajah of Nipal renounces for himself, his heirs, and successors, all claim to or connection with the countries lying to the west of the River Kali and engages never to have any concern with those countries or the inhabitants thereof.
ARTICLE 6TH: The rajah of Nipal engages never to molest or disturb the Rajah of Sikkim in the possession of his territories; but agrees, if any difference shall arise between the State of Nipal and the Rajah of Sikkim, or the subjects of either, that such differences shall be referred to the arbitration of the British Government by which award the Rajah of Nipal engages to abide.
ARTICLE 7TH – The Rajah of Nipal hereby engages never to take or retain in his service any British subject, nor the subject of any European or American State, without the consent of the British Government.
ARTICLE 8TH – In order to secure and improve the relations of amity and peace hereby established between the two States, it is agreed that accredited Ministers from each shall reside at the Court of the order.
ARTICLE 9TH – This treaty, consisting of Nine Articles, shall be ratified by the Rajah of Nipal within fifteen days from this date, and the ratification shall be delivered to Lieutenant-Colonel Bradshaw, who engages to obtain and deliver the ratification of the Governor-General within twenty days, or sooner, if practicable.
Done at Segowlee, on the 2nd day of December 1815.
Sd/- PARIS BRADSHAW,Lt.-COL.,P.A.
Received this treaty from Chunder Seekur Opedeea, Agent on the part of the Rajah of Nipal, in the valley of Muckwaunpoor, at half-past two o’clock p.m. on the 4th of March 1816, and delivered to him the Counterpart Treaty on behalf of the British Government.
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