THE SCHEDULE

[See order 2 under rule 9(20)]

RULES MADE BY THE GOVERNOR TO REGULATE THE DETERMINATION OF DOMICILE

The domicile of a government servant shall, unless it be otherwise expressly provided in the rules regulating the conditions of his service, be determined in accordance with the following provisions:

1. A person can have only one domicile.

SCHEDULE

2. The domicile of origin of every person of legitimate birth is in the country in which, at the time of his birth, his father was domiciled, or, if he is a posthumous child, in the country in which his father was domiciled at the time of the father’s death.

3. The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled.

4. The domicile of origin prevails until a new domicile has been acquired, and a new domicile continues until the former domicile has been resumed or another has been acquired.

5. (1) A person acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.

(2) Any person may, if the law of any country so provides, and subject to any such provisions, acquire a domicile in that country by making, in accordance with the said provisions, a declaration of his desire to acquire such domicile.

Explanation 1—A person is not to be considered as having taken up his fixed habitation in a country merely by reason of his residing there in His Majesty’s civil or military service or in the exercise of any profession or calling.

Explanation 2—A person does not acquire a new domicile in any country merely by reason of residing as part of the family or as a servant of any ambassador, consul, or other representative of the Government of another country.

6. The domicile of a minor follows the domicile of the parent from whom he derives his domicile of origin:

Provided that the domicile of a minor does not change with that of his parent if the minor is married or holds any office or employment in the service of His Majesty or has set up with the consent of the parent in any distinct business.

7. After marriage a woman acquires the domicile of her husband if she had not the same domicile before and her domicile during the marriage follows the domicile of her husband:

Provided that if the husband and wife are separated by the order of a competent court or if the husband is undergoing a sentence of transportation, the wife becomes capable of acquiring an independent domicile.

8. Save as otherwise provided above, a person cannot during minority acquire a new domicile.

9. An insane person cannot acquire a new domicile in any other way than by his domicile following the domicile of another person.

10. Notwithstanding anything herein contained, a person who—

(a) was born and has been educated exclusively in Asia had not at the date with reference to which his domicile is to be determined resided out of Asia for a total period exceeding six months, or

(b) had before that date claimed and been deemed to be of Indian domicile for the purpose of his appointment to any office under the Government or of the conferment upon him by the Government of any scholarship, emoluments, or other privilege,

shall be deemed to have had his domicile in Asia on that date, unless in the case of a person to whom clause (a) applies and clause (b) does not apply it is proved to the satisfaction of the appointing authority that he did not have his domicile in Asia on that date.

11. If any question arises as to the domicile of any officer at the time of his appointment, the decision thereon of the Governor shall be final.

Form of questionnaire to be used in determining the domicile

Question	Answers
1. State your birth-place date of birth and place or places, where you were educated.
2. State paternal grandfather’s birth-place.
3. Where was your grandfather residing when your father attained his majority? If in Asia, state whether your grandfather had at that time taken up a fixed habitation in Asia or was resident there only in the exercise of a profession or calling.
4. Where was your father educated and where was he residing (a) at your birth, and (b) when you attained your majority? If in Asia, state whether he had at those times taken up a fixed habitation in Asia or was resident there only in the exercise of a profession or calling.
Question		Answers
5. Did your father during your minority spend any periods of leave outside Asia, purchase property outside Asia, or show in any other way an intention of making his fixed habitation outside Asia? Give full particulars.
6. If your father retired from Government or other service or profession in Asia when you were a minor, did he continue to reside in Asia afterwards? How old were you at the date of his retirement?
7. Give full particulars of any periods spent by you out of Asia prior to your appointment to a service or post under the Government in India. 8. In what ways did you show an intention of taking up a fixed habitation outside Asia prior to your appointment to a service or post under the Government in India? 9. Have you ever claimed and been deemed to be a native of India for the purpose of your appointment to any office under the Government in India or for the conferment upon you by Government of any scholarship, emoluments or other privilege?