3. Certain persons domiciled in Sikkim Territory at the commencement of the Regulation to be Sikkim Subjects.
(1)Every person who has his domicile in the territory of Sikkim immediately before the commencement of this Regulation shall be a Sikkim Subject if he(a)was born in the territory of Sikkim and is resident therein, or(b)has been ordinarily resident in the territory of Sikkim for a period of not less than fifteen years immediately preceding such commencement :Provided that in counting the said period of fifteen years any absence from the said territory on account of service under the Government of India shall be disregarded or(c)is the wife or minor child of a person mentioned in clause (a) or clause (b):Provided that a person shall not be a Sikkim Subject under this section unless he makes a declaration to the effect that he is not a citizen of any other country at the time of inclusion of his name in the register of Sikkim Subjects to be maintained under this Regulation:Provided further that in the case of a minor or a person of unsound mind, such declaration may be made by his guardian.Explanation. - No person shall be deemed to have his domicile in ,the territory of Sikkim unless he is a person who has made Sikkim his permanent home and has served his connections with the country of his origin such as by parting with his property in that country or acquiring immovable property in Sikkim:Provided that a person shall not be deemed to have a permanent home in Sikkim if he indicates an intention of returning to his country of origin, by keeping a live interest therein even though he might have parted with his property in his country of origin and the mere parting of such property will not be regarded as proof of a person having acquired a permanent home in Sikkim.(2)The wife and minor children of a person having his domicile in Sikkim shall be deemed to have domicile in Sikkim for the purpose of this section.(3)In any case of doubt as to whether a person has domicile within the territory of Sikkim under this section, the matter shall be decided by The Chogyal with the assistance of a Board consisting of persons to be appointed in accordance with the rules made under this Regulation.
