4
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
- (d) minor children of persons who are citizens of India;
- (e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6;
- (f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and has been residing in India for one year immediately before making an application for registration;
- (g) a person of full age and capacity who has been registered as an overseas citizen of India for five years, and who has been residing in India for two years before making an application for registration.
- Explanation 1.—For the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in India if—
- (i) he has resided in India throughout the period of twelve months immediately before making an application for registration; and
- (ii) he has resided in India during the eight years immediately preceding the said period of twelve months for a period of not less than six years.
- Explanation 2.—For the purposes of this sub-section, a person shall be deemed to be of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.”;
- (b) after sub-section (5), the following sub-section shall be inserted, namely:—
- “(6) If the Central Government is satisfied that circumstances exist which render it necessary to grant exemption from the residential requirement under clause (c) of sub-section (1) to any person or a class of persons, it may, for reasons to be recorded in writing, grant such exemption.”.
Amendment of section 6. 6. In section 6 of the principal Act, in sub-section (1), for the words “who is not a citizen of a country specified in the First Schedule”, the words “not being an illegal migrant” shall be substituted.
Insertion of heading and new sections 7A, 7B, 7C, and 7D. 7. After section 7 of the principal Act, the following heading and sections shall be inserted, namely:—
‘Overseas citizenship
Registration of overseas citizens.
- 7A. (1) The Central Government may, subject to such conditions and restrictions including the condition of reciprocity as may be prescribed, on an application made in this behalf, register any person as an overseas citizen of India if—
- (a) that person is of Indian origin of full age and capacity who is a citizen of a specified country; or
- (b) that person is of full age and capacity who has obtained the citizenship of a specified country on or after the commencement of the Citizenship (Amendment) Act, 2003 and who was a citizen of India immediately before such commencement; or
- (c) that person is a minor of a person mentioned in cause (a) or clause (b).
- (2) The person registered as an overseas citizen of India under sub-section (1) shall be an overseas citizen of India as from the date on which he is so registered.
- (3) No person who has been deprived of his Indian citizenship under this Act shall be registered as an overseas citizen of India under sub-section (1) except by an order of the Central Government.
