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Untitled Document

EXTRAORDINARY

PART II - SECTION 1

PUBLISHED BY AUTHORITY
NEW DELHI

MINISTRY OF LAW AND JUSTICE
(LEGISLATIVE DEPARTMENT)
NEW DELHI

THE CITIZENSHIP (AMENDMENT) ORDINANCE, 2015

NO. 1 of 2015, Dated: January 6, 2015

Promulgated by the President in the Sixty-fifth Year of the Republic of India.

An Ordinance further to amend the Citizenship Act, 1955.

WHEREAS the Citizenship (Amendment) Bill, 2014 has been introduced in the House of the People and is pending in that House;

AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;

Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-

Short title and commencement - 1. (1) This Ordinance may be called the Citizenship (Amendment) Ordinance, 2015.

(2) It shall come into force at once.

Amendment of section 5 - 57 of 1955 2. In the Citizenship Act. 1955 (hereinafter referred to as the principal Act), in section 5,-

(i) in sub-section (1),-

(a) in clause (f), for the words "has been residing in India for one year", the words "is ordinarily resident in India for twelve months" shall be substituted;

(b) in clause (g), for the words "has been residing in India for one year", the words "is ordinarily resident in India for twelve months" shall be substituted;

(c) after sub-section (1), the following sub-section shall be inserted, namely:-

"(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing, relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), upto a maximum of thirty days which may be in different breaks."

Substitution of sections 7A, 7B, 7C and 7D Registration of Overseas Citizen of India cardholder - 3. In the principal Act, for sections 7A, 7B, 7C and section 7D, the following sections shall be substituted, namely.-

"7A. (1) The Central Government may, subject to such conditions and restrictions, as may be prescribed, on an application made in this behalf, register as Overseas Citizen of India cardholder-

(a) any person of full age and capacity,-

(i) who is a citizen of another country, but was a citizen of - India at the time of, or at any time after, the commencement of the Constitution; or

(ii) who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or

(iii) who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August,1947; or

(iv) who is a child or a grand-child or a great grandchild of such a citizen; or

(b) a person, who is a minor child of a person mentioned in clause(a); or

(c) a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or

(d) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section:

Provided that for the eligibility for registration as Overseas Citizen of India cardholder, such spouse shall be subjected to prior security clearance from a competent authority in India:

Provided further that no person, who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as Overseas Citizen of India cardholder.

(2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing Persons of Indian Origin cardholders shall be deemed to be Overseas Citizens of India cardholders.

Explanation.- For the purposes of sub-section, (2), Persons of Indian Origin cardholders mean the persons registered as such under notification number 26011/4/98 F.I. dated the 19th August; 2002, issued by the Central Government in this regard.

Conferment of rights on Overseas Citizen of India cardholder - 7B. (1) Notwithstanding anything contained in any other law for the time being in force, an Overseas Citizen of India cardholder shall be entitled to such rights, other than the rights specified under subsection (2), as the Central Government may, by notification in the Official Gazette, specify in this behalf.

(2) An Overseas Citizen of India cardholder shall not be entitled to the rights conferred on a citizen of India-

(a) under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;

(b) under article 58 of the Constitution for election as President;

(c) under article 66 of the Constitution for election as Vice- President;

(d) under article 124 of the Constitution for appointment as a Judge of the Supreme Court;

(e) under article 217 of the Constitution for appointment as a judge of the High Court;

(f) 43 of 1950 - under section 16 of the Representation of the People Act,1950 in regard to registration as a voter;

(g) 43 of 1951 - under sections 3 and 4 of the Representation of the People Act,1951 with regard to the eligibility for being a member of the House of People or of the Council of States, as the case may be;

(h) 43 of 1951 - under sections 5,5A and section 6 of the Representation of the People Act,1951 with regard to eligibility for being a member of the Legislative Assembly or the Legislative Council, as the case may be, of a State;

(i) for appointment to public services and posts in connection with affairs of the Union or of any State except for appointment in such services and posts as the Central G6vgrnment may by special order in that behalf specify.

(3) Every notification issued under sub-section (1) shall be laid before each House of Parliament

Renunciation of Overseas Citizen of India card. - 7C. (1) If any Overseas Citizen of India cardholder of full age and capacity makes in prescribed manner a declaration renouncing the card registering him as an Overseas Citizen of India cardholder, the declaration shall be registered by the Central Government, and upon such registration, that person shall cease to be an Overseas Citizen of India cardholder.

(2) Where a person ceases to be an Overseas Citizen of India cardholder under sub-section (1), the spouse of foreign origin of that person, who has obtained Overseas Citizen of India card under clause (d) of sub-section (1) of section 7A, and every minor child of that person registered as an Overseas Citizen of India cardholder shall thereupon cease to be an Overseas Citizen of India cardholder.

Cancellation of registration as Overseas Citizen of India card holder. - 7D. The Central Government may, by order cancel the registration granted under sub- section (1) of section 7A, if it is satisfied that-

(a) the registration as an Overseas Citizen of India cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or

(b) the Overseas Citizen of India cardholder has shown disaffection towards the Constitution of India, as by law established; or

(c) the Overseas Citizen of India cardholder 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 or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or

(d) the Overseas Citizen of India cardholder has, within five years after registration under sub-section (1) of section 7A, been sentenced to imprisonment for a term of not less than two years; or

(e) it is necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public; or

(f) the marriage of an Overseas Citizen of India cardholder, who has obtained such card under clause (d) of sub-section (1) of section 7A,-

(i) has been dissolved by a competent court of law or otherwise; or

(ii) has not been dissolved but, during the subsistence of such marriage, he has solemnized marriage with any other person.".

Amendment of section 18 - 4. In the principal Act, in section 18, in sub-section (2), after clause (ee), following clauses shall be inserted, namely:-

"(eea) conditions and restrictions subject to which a person may be registered as Overseas Citizen of India cardholder under sub-section (1) of section 7A;

(eeb) manner of making declarations for renunciation of - Overseas Citizen of India card under sub-section (1) of section 7C;".

Amendment of Third Schedule - 5. In the Third Schedule to the principal Act, in clause (c), the following proviso shall be inserted, namely:-

"Provided that if the Central Government is satisfied that special circumstances exist, it may, after recording the circumstances in writing, relax the period of twelve months upto a maximum of thirty days which may be in different breaks.".

Pranab Mukherjee
President