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1. Short title and commencement.-(1) This Act may be called the

Citizenship (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint:

Provided that different dates may be appointed for different provisions

of this Act and any reference in any such provision to the commencement

of this Act shall be construed as a reference to the commencement of

that provision.

 

2.

Amendment of section 2.

 

2. Amendment of section 2.-In section 2 of the Citizenship Act, 1955

(57 of 1955) (hereinafter referred to as the principal Act), in subsection

(1),-

(i) for clauses (b) and (c) and the proviso to clause (c), the

following clause shall be substituted, namely:-

(b) “illegal migrant” means a foreigner who has entered into India-

(i) without a valid passport or other travel documents and such other

document or authority as may be prescribed by or under any law in that

behalf; or

(ii) with a valid passport or other travel documents and such other

document or authority as may be prescribed by or under any law in that

behalf but remains therein beyond the permitted period of time;;

(ii) after clause (e), the following clause shall be inserted, namely:-

(ee) “overseas citizen of India” means a person who-

(i) is of Indian origin being a citizen of a specified country, or

(ii) was a citizen of India immediately before becoming a citizen of a

specified country,

and is registered as an overseas citizen of India by the Central

Government under sub-section (1) of section 7A;;

(iii) after clause (g), the following clause shall be inserted, namely:-

(gg) “specified country” means a country specified in the Fourth

Schedule:

Provided that the Central Government may, by notification in the

Official Gazette, amend the said Schedule by way of addition or

omission of any entry therein:

Provided further that every notification issued under this clause

shall, as soon as may be, after it is made, be laid before each House

of Parliament;.

 

3.

Substitution of new section for section 3.

 

3. Substitution of new section for section 3.-For section 3 of the

principal Act, the following section shall be substituted, namely:-

Citizenship by birth.

 

“3. Citizenship by birth.-(1) Except as provided in sub-section (2),

every person born in India-

(a) on or after the 26th day of January, 1950, but before the 1st day

of July, 1987;

(b) on or after the 1st day of July, 1987, but before the commencement

of the Citizenship (Amendment) Act, 2003 and either of whose parents is

a citizen of India at the time of his birth;

(c) on or after the commencement of the Citizenship (Amendment) Act,

2003, where-

(i) both of his parents are citizens of India; or

(ii) one of whose parents is a citizen of India and the other is not an

illegal migrant at the time of his birth,

shall be a citizen of India by birth.

(2) A person shall not be a citizen of India by virtue of this section

if at the time of his birth-

(a) either his father or mother possesses such immunity from suits and

legal process as is accorded to an envoy of a foreign sovereign power

accredited to the President of India and he or she, as the case may be,

is not a citizen of India; or

(b) his father or mother is an enemy alien and the birth occurs in a

place then under occupation by the enemy.”.

 

4.

Amendment of section 4.

 

4. Amendment of section 4.-In section 4 of the principal Act, for subsection

(1), the following sub-sections shall be substituted, namely:-

“(1) A person born outside India shall be a citizen of India by

descent,-

(a) on or after the 26th day of January, 1950, but before the 10th day

of December, 1992, if his father is a citizen of India at the time of

his birth; or

(b) on or after the 10th day of December, 1992, if either of his

parents is a citizen of India at the time of his birth:

Provided that if the father of a person referred to in clause (a) was a

citizen of India by descent only, that person shall not be a citizen of

India by virtue of this section unless-

(a) his birth is registered at an Indian consulate within one year of

its occurrence or the commencement of this Act, whichever is later, or,

with the permission of the Central Government, after the expiry of the

said period; or

(b) his father is, at the time of his birth, in service under a

Government in India:

Provided further that if either of the parents of a person referred to

in clause (b) was a citizen of India by descent only, that person shall

not be a citizen of India by virtue of this section, unless-

(a) his birth is registered at an Indian consulate within one year of

its occurrence or on or after the 10th day of December, 1992, whichever

is later, or, with the permission of the Central Government, after the

expiry of the said period; or

(b) either of his parents is, at the time of his birth, in service

under a Government in India:

Provided also that on or after the commencement of the Citizenship

(Amendment) Act, 2003, a person shall not be a citizen of India by

virtue of this section, unless his birth is registered at an Indian

consulate in such form and in such manner, as may be prescribed,-

(i) within one year of its occurrence or the commencement of the

Citizenship (Amendment) Act, 2003, whichever is later; or

(ii) with the permission of the Central Government, after the expiry of

the said period:

Provided also that no such birth shall be registered unless the parents

of such person declare, in such form and in such manner as may be

prescribed, that the minor does not hold the passport of another

country.

(1A) A minor who is a citizen of India by virtue of this section and is

also a citizen of any other country shall cease to be a citizen of

India if he does not renounce the citizenship or nationality of another

country within six months of attaining full age.

 

5.

Amendment of section 5.

 

5. Amendment of section 5.-In section 5 of the principal Act,-

(a) for sub-section (1), the following shall be substituted, namely:-

“(1) Subject to the provisions of this section and such other

conditions and restrictions as may be prescribed, the Central

Government may, on an application made in this behalf, register as a

citizen of India any person not being an illegal migrant who is not

already such citizen by virtue of the Constitution or of any other

provision of this Act if he belongs to any of the following categories,

namely:-

(a) a person of Indian origin who is ordinarily resident in India for

seven years before making an application for registration;

(b) a person of Indian origin who is ordinarily resident in any country

or place outside undivided India;

(c) a person who is married to a citizen of India and is ordinarily

resident in India for seven years before making an application for

registration;

(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.”.

 

6.

Amendment of section 6.

 

6. Amendment of section 6.-In section 6 of the principal Act, in subsection

(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.

 

7.

Insertion of heading and new sections 7A, 7B, 7D and 7D.

 

7. Insertion of heading and new sections 7A, 7B, 7D and 7D.-After

section 7 of the principal Act, the following heading and sections

shall be inserted, namely:-

 

OVERSEAS CITIZENSHIP.

 

OVERSEAS CITIZENSHIP

7A. Registration of overseas citizens.-(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 clause (a) or

clause (b).

(2) The person registered as an overseas citizen of India under subsection

(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 subsection

(1) except by an order of the Central Government.

Explanation.-For the purposes of this section and sections 7B, 7C and

7D, the expression “person of Indian origin” shall mean a citizen of

another country who-

(i) was eligible to become a citizen of India at the time of the

commencement of the Constitution;

(ii) belonged to a territory that became part of India after the 15th

day of August, 1947; and

(iii) the children and grand-children of a person covered under clauses

(i) and (ii), but does not include a person who is or had been at any

time a citizen of Pakistan, Bangladesh or such other country as the

Central Government may, by notification in the Official Gazette,

specify.

 

Conferment of rights on overseas citizens of India.

 

7B. Conferment of rights on overseas citizens of India.-(1)

Notwithstanding anything contained in any other law for the time being

in force, an overseas citizen of India 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 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 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 (43

of 1950) in regard to registration as a voter;

(g) under sections 3 and 4 of the Representation of the People Act,

1951 (43 of 1951) with regard to the eligibility for being a member of

the House of the People or of the Council of States, as the case may

be;

(h) under sections 5, 5A and 6 of the Representation of the People Act,

1951 (43 of 1951) with regard to the 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 the

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.

 

Renunciation of overseas citizenship.

 

7C. Renunciation of overseas citizenship.-(1) If any overseas citizen

of India of full age and capacity makes in the prescribed manner a

declaration renouncing his overseas citizenship of India, the

declaration shall be registered by the Central Government, and upon

such registration, that person shall cease to be an overseas citizen of

India.

(2) Where a person ceases to be an overseas citizen of India under subsection

(1), every minor child of that person registered as an overseas

citizen of India, shall thereupon cease to be an overseas citizen of

India.

 

Cancellation of registration as overseas citizen of India.

 

7D. Cancellation of registration as overseas citizen of India.-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 was obtained by

means of fraud, false representation or the concealment of any material

fact; or

(b) the overseas citizen of India has shown disaffection towards the

Constitution of India as by law established; or

(c) the overseas citizen of India 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 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 of India, the security of India, friendly relations of India

with any foreign country, or in the interests of the general public..

 

8.

Amendment of section 8.

 

8. Amendment of section 8.-In section 8 of the principal Act,-

(a) in sub-section (1), the words “who is also a citizen or national of

another country” shall be omitted;

(b) in the proviso to sub-section (2), after the word “declaration”,

the words “in the prescribed form and manner” shall be inserted;

(c) sub-section (3) shall be omitted.

 

9.

Amendment of section 9.

 

9. Amendment of section 9.-In section 9 of the principal Act, in sub-

section (2), for the word “person”, the words “citizen of India” shall

be substituted.

 

10.

Omission of sections 11 and 12.

 

10. Omission of sections 11 and 12.-Sections 11 and 12 of the principal

Act shall be omitted.

 

11.

Amendment of section 14.

 

11. Amendment of section 14.-In secion 14 of the principal Act, for the

words and figures “sections 5 and 6”, the words, figures and letter

“sections 5, 6 and 7A” shall be substituted.

 

12.

Insertion of new section 14A.

 

12. Insertion of new section 14A.-After section 14 of the principal

Act, the following section shall be inserted, namely:-

 

Issue of national identity cards.

 

“14A. Issue of national identity cards.-(1) The Central Government may

compulsorily register every citizen of India and issue national

identity card to him.

(2) The Central Government may maintain a National Register of Indian

Citizens and for that purpose establish a National Registration

Authority.

(3) On and from the date of commencement of the Citizenship (Amendment)

Act, 2003, the Registrar General, India, appointed under sub-section

(1) of section 3 of the Registration of Births and Deaths Act, 1969 (18

of 1969) shall act as the National Registration Authority and he shall

function as the Registrar General of Citizen Registration.

(4) The Central Government may appoint such other officers and staff as

may be required to assist the Registrar General of Citizen Registration

in discharging his functions and responsibilities.

(5) The procedure to be followed in compulsory registration of the

citizens of India shall be such as may be prescribed.

 

13.

Insertion of new section 15A.

 

13. Insertion of new section 15A.-After section 15 of the principal

Act, the following section shall be inserted, namely:-

 

Review.

 

“15A. Review.-(1) Any person aggrieved by an order made by the Central

Government, may, within thirty days from the date of such order, make

an application for review of such order:

Provided that the Central Government may entertain an application after

the expiry of the said period of thirty days, if it is satisfied that

the applicant was prevented by sufficient cause from making the

application in time:

Provided further that an application for a review of an order passed in

terms of the provisions of section 14A shall be disposed of in the

manner provided for in the procedure as may be laid down under clause

(ia) of sub-section (2) of section 18.

(2) On receipt of an application under sub-section (1), the Central

Government shall, make such order as it deems fit, and the decision of

the Central Government on such review shall be final.”.

 

14.

Amendment of section 17.

 

14. Amendment of section 17.-In section 17 of the principal Act,-

(a) for the words “six months”, the words “five years” shall be

substituted;

(b) for the words “with fine”, the words “with fine which may extend to

fifty thousand rupees” shall be substituted.

 

15.

Amendment of section 18.

 

15. Amendment of section 18.-In section 18 of the principal Act,-

(i) in sub-section (2),-

(a) after clause (a), the following clause shall be inserted, namely:-

“(aa) the form and manner in which a declaration under sub-section (1)

of section 4 shall be made;”;

(b) after clause (i), the following clause shall be inserted, namely:-

“(ia) the procedure to be followed in compulsory registration of the

citizens of India under sub-section (5) of section 14A;”;

(ii) in sub-section (3), the following proviso shall be inserted,

namely:-

“Provided that any rule made in respect of a matter specified in clause

(ia) of sub-section (2) may provide that a breach thereof shall be

punishable with imprisonment for a term which may extend to three

months, or with fine which may extend to five thousand rupees, or with

both.”.

 

16.

Omission of First Schedule.

 

16. Omission of First Schedule.-The First Schedule to the principal Act

shall be omitted.

 

17.

Substitution of Second Schedule by a new Schedule.

 

17. Substitution of Second Schedule by a new Schedule.-For the Second

Schedule to the principal Act, the following Schedule shall be

substituted, namely:-

 

THE SECOND SCHEDULE

 

OATH OF ALLEGIANCE

 

“THE SECOND SCHEDULE

[See sections 5(2) and 6(2)]

OATH OF ALLEGIANCE

I, A/B…………………do solemnly affirm (or swear) that I will

bear true faith and allegiance to the Constitution of India as by law

established, and that I will faithfully observe the laws of India and

fulfil my duties as a citizen of India.”.

 

18.

Amendment of Third Schedule.

 

18. Amendment of Third Schedule.-In the Third Schedule to the principal

Act,-

(a) in the opening portion, the words “who is not a citizen of a

country specified in the First Schedule” shall be omitted;

(b) in clause (b), for the words “he has renounced the citizenship of

that country in accordance with the law therein in force in that behalf

and has notified such renunciation to the Central Government”, the

words “he undertakes to renounce the citizenship of that country in the

event of his application for Indian citizenship being accepted” shall

be substituted;

(c) in clause (d),-

(i) for the words “twelve years”, the words “fourteen years” shall be

substituted;

(ii) for the words “nine years”, the words “eleven years” shall be

substituted;

(d) in the proviso, in clause (ii), for the words “thirteen years”, the

words “fifteen years” shall be substituted.

 

19.

Insertion of new Fourth Schedule.

 

19. Insertion of new Fourth Schedule.-After the Third Schedule to the

principal Act, the following Schedule shall be inserted, namely:-

 

THE FOURTH SCHEDULE

[See section 2(1)(gg)]

 

“THE FOURTH SCHEDULE

[See section 2(1)(gg)]

1. Australia.

2. Canada.

3. Finland.

4. France.

5. Greece.

6. Ireland.

7. Israel.

8. Italy.

9. Netherlands.

10. New Zealand.

11. Portugal.

12. Republic of Cyprus.

13. Sweden.

14. Switzerland.

15. United Kingdom.

16. United States of America.”.


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Tabbasum
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If minor child is born in South africa and now live in Newzealand can parents or Guardian can apply for citizenship under section 4 ( 1 ) in Newzealamd.

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