Union Government, Extraordinary, 2015-01-06, Part II-Section 1, Ref. No. 1 of 2015

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by  Government of India

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HHH 40. pL Nouns IS

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The Gazette of India

EXTRAORDINARY
OE
ART U— Section 1
sean 8 wer
PUBLISHED BY AUTHORITY

eu “Ere, ree a 06 20257 16. 1936 CH)
Not] YEW DELHI, TUESDAY, JANUARY 06, 2OISPAUSA 16,1936 (AKA)

ee ee
Separac ogg ave aia Pat tert cy bd a4 pate soem,

MINISTRY OFLAWAND JUSTICE
(CeghlatveDeperument)

ew Deh the th Joma, 28:Paaea 1B, 1936 Sako)

THE CITIZENSHIP (AMENDMENT) ORDINANCE, 2015
Xo. bar 2015

‘Trealgaed by te President inthe Sie Fh ear f the Republi ft,
‘An inane urher tose he iienship At, 1955.

“Winseosthe Citzcoship(Amendient Bil, 2014 has been immed athe Tease
re People and is pening et hv tose,

An Wengeat Polite js nl it sossion and cae President ie salisGed hat
lrcuntanses ee tic cende Hseasary or ia take edo aloe,

‘So Tesarone, io onercve the poses conferred by clause (po anise 128 ofthe
‘Cocalo the Preside a pleneed Yo promulgate the flowing Ordzunce—

1.(F7 This nance aye sled the Citzeeship (Amendment) Ordinance 2015.

2 sl ens nt ace atonce
Substation
ofsootons
74.78, 7C
eet
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et Overt
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eed

‘TIE GAZLF TOY INDIA EXTRAORDINARY [Psst

2, nthe Citizenship Act, 195$ chereimiteresfrmed t a5 the
principal Act), i section $=

On subvsection (I
fa) in olguse (1), for the words “ans fees residing in
India foc one your” the words “is oriarily resident
in tndia for eles month" shall be substituted

(b) in clause (g), for tho words “hus heen residing In
India fer one yer, the words “is ordinarily resident
ia Jndia for twelve months” shall be substituted

(6) after sub-section (1), the fallow
‘be inserted, namely: —

sub-section shall

UA} "The Central Government, if cis satisted that
special circumstances exist, may after recording the
citeumstances in writing, relax the périod of twelve months,
specified in classes (1) and (g) and clanse () of Explanation 1 of
sub-section (1), uplo a maximum of thiny days which may bein
different breaks.”

3, In the principal Act, fot sectlans 7A, 7B, 7C and seclion 7D,
‘the following seotions shall be subatinned, namely:—

“TA. (1) The Contral Government enay, subject to such
conditions and tostictions, as may be prescribed, on an
pplication made in this behalf, register as Overseas Citizen of
India cardholder—

(@) ony person of fll age snd eapacily,—
(i who is a citizen of another county, but 40s a clizen of
India atthe time of, or at any tne after, thie commenceraent
(of the Constintion; or

(G3) -who isa citizan of another country, but was eigibfe a
become a citizen of India atthe Hime ofthe commencement

Gil) who is a citizen GF another county, but belonged 10 x
territory that became part of Tndia after tho 15" day of
Angus 1947; oF
see

HLGAZEI EDF IITA FXTRAORDINARY

(iv) who isa child or a grand-ehild ora pres yranlcild of
such s citizen; or

(8) « person, who is @ minor child ofa person mentioned in
clavsela) or

(6) porson, who is ¢ minor shild, and whose both parents are
citizens of indi or one of the parents i. citizen of India; oF

(@) spouse of foreign origin of a sitizen of india or spouse of
foreign origin of an Overseas Citizen of India cardkolder
registered ander sei 7A and whase mariage as boon
registered und subsistet [br u continuous period ef not less than
two yeara immediately preceding the presentation of the
application unde this setion:

Provided that for the eligibility for registration as Overseas
(Citizen of India cardholder, such spouse shall be subjected to
ptior scowrty clearence from & competent authority in india:

Provided further Gat no person, whois or bel bees
citlzen of Pakisian, Bengladesh or such other country as the
Cenust Goverment may, hy notification in the Official
Gazete, specify, shall be eligible for registration as Overseas
CCitizéa of india catholder,

@2) The Cente Government may, by notation in the
Offical Gaeta, spcity the date fom which the existing
Persons of Indian Origin cardholders shall be deemed to be
Overseas Citizens of India cardholders

Explanation For the parposes of sub-section, (2), Persons of
Indian Origin cardholders mem tho persons regisiezed as such
‘undec notification number 26011498 FI. dated the 19"
August, 2002, issved by the Central Goverament in this regard.

‘7B. (1) Notwithstanding aaything contained in any ether law forthe
‘me being in fores, an Overseas Citlzen of Tndia cardholder shall be
centided to such rights, other than the rights specified under sub-
section (2), a¢ the Cental Government may, by notification in the
‘Official Gazette, speity in this behalf

CContemest of
tlt.
‘Ovens Cizen
oftadie
carer.
‘THE GAZBTTEGF INDIA EXTRAOKDINARY art

Renurition
‘Overseas
Gamo
Talat,

(@) An Overseas Citizen of ludia cardholder shall not be entitled to
the tighls emferred una citizen of odio

(6) under uncle 16 of the Consttutisa with regard to equality of
‘opporainity in matters af public employment,

‘(by under aeticle 58 af the Constitution for election as President,

(©) under article 66 of the Constitution for election as Vice=
President;

(2), under article 124 of the Constitution for appointment os a
‘udge of the Supreme Court

(©) wader autcle 219 of the Constitution for appoinmment as a
Judge of the High Cour,

() under section 16 of the Representation of the People
‘Aci 1950 in rogard to registration asa voter

() under sections 3 and 4 of the Represeatstion of the People
‘Act, 19541 with gard to the eligibility for being a member of the
Howse of People ar of the Council of States as the cape may be;

(1) under sections 5,5. and section 6 of the Representation of
the People Act 1951 with regard to eligibility for being a
member of the Leyslative Asscmbly or the Legisltive Couneil,
1s the caso may be, of a States

(0 tor appointment to public sevice and poss in. connection
‘eth aff ofthe Union or of any State except For appointment
ih such services and posts a8 the Central Govpmoent may by
Special order that behalf specify

@) Every notification issued under sub-section (1) shall be Istd
before each House of Parliament.

7G, (1) I any Overvens Citizen of Inia cenholder of full age and
capacity makes in prescibed manner a declation renotnclng the
sa registering him as an Overseas Citlzn of India cerolder, the
Aleclraion shal be registered by the Ceatrl Goverome, and pan
such fegstration, dat person shal ease to be an Overseas Citizen of
Tain cardolder,

as ortasn

S300 198

as of 188.
set]

[HDR GAZETTEOF INDIA EXTRAORDINARY 5

@) Where a person oouses Yo be en Overseas Citizen of India
tswdholder under sub-section (1), the spouse of forign origin ofthat
perseu, who has obtained Overseus Citizen of India card under clause
GG} of subsection (1) of ssction 7A, and every minor child of that
person registered as an Overseas Citizen of India cardholder shall
thereupon cease 19 be an Overseas Citzen of India cardholder.

7D, The Cental Government may, by order camee! the reestration
_ganted under sub- seetion (1) of section 7A, i is sified that-

(@) the registration as'an Gversees Citizen of India cardholder
‘vas obtained by means of fia, fse represeaation oF he
ceoncealmrent of any material fret; oF

Ge) the Overteas Citizen of India cardkolder has shown
disaffection owvards the Constitution of India, as by ase
established; ar

(6) the Overseas Citizen of India cardholder has, during ny war
fn which Tidia may be engaged, unlawfully tmded or
communicated with an eneray or been engaged in, ot
associated with , any business ur ccmmercis] activity that
‘was to his inowledge caried on i suck manner as to anit
san eneray in that var ar

(4) the Overseas Citizen of Indla cardholder has, within five
‘years after registration under sub-section (1) of section 7A,
‘been sentenced to imprisonment for a torm of not less than
to years; oF

{@) itis necessary s0 to do in the interests of the soversignty and
eatity of India, the security of India, Pienly relations of
India with any foreign county, or in the interests of the
‘general public; or

(© the mariage of an Overseas Citizen of India cardholder,
‘who has cbtained sich card under clause) of sub-section.
i) of sotion 7A

(yhus been dissolved by a competent court of Jew oF
otherwise; oF

Canes of
else
Overs

of nical
hele
THE GAZETTEOPINDIADXTRAORDINARY _ (Parc II—Se

(hos aot boon dissolved but, diving the scbsistence of
such mariage, he has solemmized marriage with any other

In the principal at in sestion 18, in sub-section (2), afer
clause (ec), fllowng clauses shall be inserted, namely:-

“(eea) conditions and restricts subject to which a person
may be registered as Oversras Citizen of India cardholder under
sub-section (lof sation TA;

eb) manner of making dectarations for temunctation of
Overseas Citizen of India card under sub-section (1) of section
Te.

‘Acendnen §, In the Third Nchedale to the principal Act, in clause (0), he

oeThied
Sade,

following proviso shall be incated, namely:-

“Provided Gut if the Central Goverment is sotisied that special

ciroumstances ede, it may, after recording the elreumstances in
‘uniting, relex the period of twelve months upto a maximum of thirty
days which may bein different breaks”,

Amend of
setion 18.

PRANAB MUKHERJEE,
President

DR. SANIAY SINGH,
‘Seay, tothe Government af India.
se] “THE GAZETTE OF INDIAEXTRAORDINARY

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