LOK SABHA

————

The following Bill was introduced in Lok Sabha on 23rd December, 2014:—

BILL NO. 194 OF 2014

A Bill further to amend the Citizenship Act, 1955.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

1. (1) This Act may be called the Citizenship (Amendment) Act, 2014.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

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;

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

"(1A) The Central Government, if it is satisfied that special circumstances

Short title

and

commencement.

Amendment

of section 5.

57 of 1955.

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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), up to a maximum of thirty days which may be in different breaks.".

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 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 or spouse of Overseas Citizen of

India cardholder registered under clause (a) or spouse of a person of Indian

origin who is a citizen of another country 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.

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 sub-section (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;

Substitution

of sections

7A, 7B, 7C

and 7D.

Registration

of Overseas

Citizen of

India

cardholder.

Confirment

of rights on

Overseas

Citizen of

India

cardholder.

SEC. 2]

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3

(b) under article 58 of the Constitution for election of 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 of the

Supreme Court;

(e) under article 217 of the Constitution for appointment as a Judge of the

High Court;

(f) under section 16 of the Representation of the People Act,1950 in

regard to registration as a voter;

(g) 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) under sections 5, 5A and 6 of the Representation of 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 of the 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 of Parliament.

7C. (1) If any Overseas Citizen of India cardholder of full age and capacity

makes in the 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 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.

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 has 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

43 of 1951.

Renunciation

of Overseas

Citizen

of

India card.

Cancellation

of

registration

as Overseas

Citizen of

India card.

43 of 1950.

43 of 1951.

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[PART II—

(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 solemnised marriage with any other person.".

4. In the principal Act, in section 18, in sub-section (2), after clause (ee), the 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 declaractions for renunciation of Overseas Citizen of India

card under sub-section (1) of section 7C;”.

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 up to a maximum of thirty days which may be in different breaks.".

Amendment

of Third

Schedule.

Amendment

of section 18.

SEC. 2]

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5

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 deprivation 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 Citizen of India cardholder, conferment of certain

rights on such citizens, renunciation of overseas citizenship and cancellation of registration

as Overseas Citizen of India cardholder.

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

citizens of India. The proposed amendments, inter alia, provide for —

(a) amendment of section 5 of the Citizenship Act, so as to,—

(i) substitute the words "has been residing in India for one year" with the

words" is ordinarily resident in India for twelve months" in clauses (f) and (g) of

sub-section (1);

(ii) insert new sub-section (1A) to enable the Central Government to relax

the period of twelve months specified in clauses (f) and (g) and clause (i) of

Explanation 1 of sub-section (1), up to a maximum of thirty days which may be

in different breaks;

(b) substitution of sections 7A, 7B, 7C and 7D of the Citizenship Act to provide

for—

(i) registration of Overseas Citizen of India cardholder;

(ii) confirmation of rights on Overseas Citizen of India cardholder;

(iii) renunciation of Overseas Citizen of India card;

(iv) cancellation of registration as Overseas Citizen of India card;

(c) 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

qualification for grant of certificate of naturalisation by a period up to a maximum of

thirty days which may be in different breaks.

4. The Bill seeks to achieve the above objects.

NEW DELHI;

HARIBHAI PARTHIBHAI CHAUDHARY

The 19th December, 2014.

THE THIRD SCHEDULE

[See section 6 (1)]

QUALIFICATIONS FOR NATURALISATION

*

*

*

*

*

The qualifications for naturalisation of a person are—

*

*

*

*

*

(c) that he has either resided in India or been in the service of a Government in

India or partly the one and partly the other, through out the period of twelve months

immediately preceding the date of the application;

*

*

*

*

*

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 4 of the Bill empowers the Central Government to make rules to provide for—

(a) conditions and restrictions subject to which a person may be registered as

Overseas Citizen of India cardholder;

(b) manner of declaration for renunciation of the Overseas Citizen of India

card.

2. The matters in respect of which rules may be made for matters of procedure or

administrative details and it is not practicable to provide for them in the Bill itself. The

delegation of legislative power is, therefore, of a normal character.

——————

——————

ANOOP MISHRA,

Secretary-General.

GMGIPMRND—3972GI(S3)—26-12-2014.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014.

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