38. Authority before whom application or declaration may be made or by whom the oath of allegiance may be administered
.-(1) An application or declaration made in accordance with these rules shall not be accepted or registered and the oath of allegiance required by sub-section (2) of section 5 or sub-section (2) of section 6 shall be of no effect, unless it is signed in the presence of, or administered by,--(i)the Collector, Deputy Commissioner, or the District Magistrate in India;(ii)any Consular officer as defined in clause (d) of rule 2 of the Citizens (Registration at Indian Consulates) Rules, 1956 outside India:Provided that if the applicant or declarant is serving in India in the naval, military or air forces of the Union, the application or declaration may be signed in the presence of, or the oath administered by, any officer holding a Commission in any of these forces.[Provided further that in respect of an application submitted by any person belonging to minority community in Afghanistan, Bangladesh and Pakistan (namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians), in the absence of the Collector, Deputy Commissioner or the District Magistrate, the application or declaration may be signed in the presence of, or the oath administered by, an officer not below the rank of the Sub-Divisional Magistrate authorised in writing by the Collector, or Deputy Commissioner or the District Magistrate, as the case may be.] [Inserted by Notification No. G.S.R. 1168 (E), dated 23.12.2016 (w.e.f. 25.2.2009).](2)Notwithstanding anything contained in rules 11 and 12, an application under sub-rule (3) of rule 5 for registration under clause (c) of sub-section (1) of section 5 as an Indian citizen from a foreign national married to an Indian citizen may be made to the Indian Consulate or Embassy or Mission where he is a resident, who in turn shall forward it to the Central Government in the Ministry of Home Affairs for consideration.
