REGISTERED NO . DL-(N ) 04/0007/2003-11
रजिस्ट्री सं० डी० एल० ( एन) 04/0007/ 2003-11
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II - खण्ड 2
PART II Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 35]
नई दिल्ली, बृहस्पतिवार, दिसम्बर 8 , 2011/17 आग्रहायण, 1933( शक) No. 35 ] NEW DELHI , THURSDAY, DECEMBER 8, 2011 /AGRAHAYANA 17, 1933 (SAKA)
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation .
RAJYA SABHA
i
TheBill was introduced in the Rajya Sabha on the 8th December, 2011: -
BILL NO . XLVIII OF 2011
ABill further to amend the Citizenship Act, 1955 .
BE it enacted by Parliament in the Sixty- second Year of the Republic of India as follows:-
1. (1) This Act may be called the Citizenship (Amendment) Act, 2011 .
Short title and commencement.
(2) Itshall come into force on such date as the Central Government may, by notification intheOfficial Gazette , appoint.
57 of 1955 .
Amendment of section 2 .
2. In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section 2, for clause ( ee) , the following clause shall be substituted , namely:-
"(ee) " overseas Indian cardholder " means a person registered as an overseas Indian cardholder by the Central Government under section 7A; ' .
3. Insection 5 of the principal Act, in sub - section ( 1) ,一
Amendment of section 5 .
(a) in clause (f) , for the words " has been residing " , the words " is ordinarily resident " shall be substituted;
(b) in clause (g) , for the words "has been residing " , the words " is ordinarily resident " shall be substituted;
[PART II-
THE GAZETTE OF INDIA EXTRAORDINARY
2
(c) in Explanation 1, after clause ( ii) , the following proviso shall be inserted, namely:--
"Provided that ifthe Central Government is satisfied that special circumstances exist, it may after recording such circumstances in writing , relax the period of twelve months specified in clause (i) for a period not exceeding thirty days . ".
4. For sections 7A, 7B , 7C and 7D of the principal Act , the following sections shall be substituted, namely: ---
Substitution of new sections for sections 7A, 7B , 7C and 7D .
"7A . The Central Government may, subject to such conditions and restrictions as may be prescribed , on an application made in this behalf, register as an overseas Indian cardholder--
Registration of overseas Indian 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 thatbecame part of India after the 15th day of August, 1947; or
(iv) who is a child or a grand - child or a great grand child 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) such spouse of a citizen of India who is a citizen of another country where his or her 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 an overseas Indian 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 notifica- tion in the Official Gazette , specify, shall be eligible for registration as an over- seas Indian cardholder.
Conferment of rights on over- seas Indian cardholder.
7B. (1) Notwithstanding anything contained in any other law for the time being in force , an overseas Indian cardholder shall be entitled to such rights [other than the rights specified under sub - section (2 ) ] as the Central Government may, by notification in the Official Gazette , specify in this behalf.
(2) An overseas Indian 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 of Vice-President ;
(d) under article 124 of the Constitution for appointment as a Judge ofthe Supreme Court;
(e) under article 217 of the Constitution for appointment as a Judge of the HighCourt;
3
THE GAZETTE OF INDIA EXTRAORDINARY
SEC.2]
43 of 1950 .
() under section 16 of the Representation ofthe People Act, 1950 in regard to registration as a voter;
43 of 1951 .
(g) under sections 3 and 4 of the Representation of the People Act , 1951 with regard to the eligibility for being a member ofthe House of the People or of the Council of States , as the case may be ;
43 of 1951 .
(h) under sections 5, 5A and 6 of the Representation of the People Act, 1951 with regard to eligibility for being a member of the Legislative Assembly or a Legislative Council , as the case may be , of a State;
(i) for appointment to public services and posts in connection with affairs ofthe Union or of any State except for appointment in such services and posts as the Central Government may , by special order, in that behalf specify.
(3) Every notification issued under sub - section ( 1 ) shall be laid before each House ofParliament .
Renunciation ofoverseas Indian card .
7C. (1) If any overseas Indian cardholder of full age and capacity makes in prescribed manner a declaration renouncing the card registering him as an overseas Indian cardholder, the declaration shall be registered by the Central Government, and upon such registration , that person shall cease to be an overseas Indian cardholder .
(2) Where a person ceases to be an overseas Indian cardholder under sub- section ( 1 ), every minor child ofthat person registered as an overseas Indian cardholder shall thereupon cease to be an overseas Indian cardholder.
7D. The Central Government may, by order , cancel the registration granted under sub - section ( 1 ) of section 7A if it is satisfied that-
Cancellation ofregistration as overseas Indian cardholder.
(a) the registration as an overseas Indian cardholder was obtained by means of fraud, false representation or the concealment of any material fact ; or
(b) the overseas Indian cardholder has shown disaffection towards the Constitution of India as by law established ; or 1 (c) the overseas Indian 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 Indian cardholder has , within five years after registration under sub - section ( 1 ) of section 7A has been sentenced to imprisonment for a term of not less than two years ; or
(e) it is necessary so to do in the interest of the sovereignty and integrity ofIndia, the security of India , friendly relations of India with any foreign coun- try, or in the interests of the general public; or
(f) the marriage of an overseas Indian cardholder, who has obtained such card under clause (d) 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 solemnised marriage with any other person ." .
5. In the Third Schedule to the principal Act, in clause ( c) , the following proviso shall be inserted , namely:-
Amendment ofThird Schedule
"Provided that if the Central Government is satisfied that special circumstances exist, it may, after recording such circumstances in writing, relax such period by a period not exceeding thirty days ." .
4
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- SEC. 2]
STATEMENT OF OBJECTS AND REASONS
The Citizenship Act, 1955 ( the Citizenship Act) provides for the acquisition and determination of Indian citizenship , after the commencement of the Constitution by birth , descent, registration, naturalisation and citizenship by incorporation of territory and for renunciation , termination and deprevation of citizenship under certain circumstances .
2. The Citizenship Act has been amended, from time to time, inter alia, making enabling provisions for registration of overseas citizens of India, conferment of certain rights on such citizens , renunciation of overseas citizenship and cencellation of registration as overseas citizen of India .
3. The proposed amendments to the Citizenship Act are required due to certain lacunae that were noticed during its implementation and review of provisions relating to overseas citizen of India . The proposed amendments , inter alia, provide for-
(a) substitution of clause ( ee) of section 2 of the Citizenship Act to replace the expression " overseas citizen of India " with the expression " overseas Indian cardholder " and to define the same;
(b) amendment of section 5 of the Citizenship Act so as to bring within its scope the person "who is ordinarily resident " instead of the person " who has been residing " in India for the period specified in clauses (f) and ( g) of sub - section (1 ) of that section;
(c) substitution of sections 7A, 7B and 7C of the Citizenship Act to , inter alia , provide for registration of-
(i) persons as " overseas Indian cardholder " instead of registration of "overseas citizen of India " ;
(ii) 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;
(iii) such spouse of a citizen of India who is a citizen of another country where his or her marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application;
(d) substitution of section 7D of the Citizenship Act to , inter alia, provide for cancellation ofregistration as overseas Indian cardholder if the marriage of an overseas Indian cardholder, who has obtained such card under clause (d) 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 or she has solemnised marriage with any other person ;
(e) insertion of a proviso to clause ( c) of the Third Schedule to the Citizenship Act to empower the Central Government to relax the period of twelve months as resident in India or in the service of a Government in India specified as one of the qualifications for grant of certificate of naturalisation by a period not exceeding thirty days in special circumstances .
4. The Bill seeks to achieve the above objectives .
P. CHIDAMBARAM .
V. K. AGNIHOTRI ,
Secretary -General .
PUBLISHED BY THE SECRETARY- GENERAL , RAJYA SABHA , UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHА .
1/3080GI GMGIPMRND-3080GI -09-01-2012.