PRESS RELEASE

The Citizenship (Amendment) Act, 2003 with regard to the grant of Overseas Citizenship of India, was passed by the Indian Parliament on December 22, 2003, which received the assent of the President of India on January 7, 2004 and was notified in the Gazette of India on January 8, 2004. The relevant extracts from the above Act with regard to the grant of Overseas Citizenship are given below :-

Section 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 (in this case New Zealand); or

• b) that person is of full age and capacity who has obtained the citizenship of a specified country (in this case New Zealand) 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 sub-clause (1) shall be an overseas citizen of India as from the date on which he/she 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.

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.

Section 7B.
(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 the 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 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 the People or of the Council of States, as the case may be;

• h) Under sections 5, 5(A) and 6 of the Representation of the People Act, 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 the 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.

Section 7C
(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 sub-section (1), every minor child of that person registered as an overseas citizen of India, shall thereupon cease to be an overseas citizen of India.

Section 7D
The Central Government may, by order, cancel the registration granted under sub-section (1) of para 7A above 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 toward 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 (I) of para 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;

Section 14 : Disposal of Application
(1) The prescribed authority or the Central Government may, in its discretion, grant or refuse an application and shall not be required to assign any reasons for such grant or refusal.
(2) The decision of the prescribed authority or the Central Government on any such application as aforesaid shall be final and shall not be called in any court.

Section 15A
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 shall be disposed of in the manner provided for in the procedure as may be laid down under the relevant clause.

(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.

Registration and Renunciation of Overseas Citizenship of India
Documents : The procedure and documents required for registration as overseas Citizen of India is as under:
(i) An application for registration by a person of full age and capacity as an overseas citizen of India under Section 7 A (1) (a) shall be made in Form XIX;

(ii) An application for registration by a person of full age and capacity as an overseas citizen of India under Section 7 A (1) (b) shall be made in Form XIX A;

(iii) An application for registration of a minor child of an overseas citizen of India as an overseas citizen thereof under Section 7A(1) (c) shall be made in Form XIX B, and shall include the following particulars, namely:-

• (a) a statement whether the applicant is a parent or guardian of the child and if is a guardian, how be became the guardian;

• (b) a statement showing whether the child was adopted by the applicant and if so, documentary evidence to this effect;

• (c) a statement indicating reasons for which the child is required to be registered as an overseas citizen of India.

(iv) Certificate of registration to be granted to persons registered, and register of persons registered under Section 7 A (1) –

• (1) Every person who is registered as an overseas citizen of India under Section 7A(1) shall be issued a certificate of registration in Form XX, duly signed by an officer not below the rank of an Under Secretary to the Government of India and where such a certificate is issued, a duplicate copy thereof shall be prepared and preserved for record by the issuing authority.

• (2) There shall be kept by the Central Government in the Ministry of Home Affairs, a register containing names of the persons registered as overseas citizens of India under Section 7 A (1) in Form XXI.

(v) Declaration of renunciation of overseas citizen of India –

• (1) A declaration of renunciation of overseas citizenship of India under Section 7 C (1) shall be made in Form XXII.

• (2) The declaration shall be registered in the Ministry of Home Affairs of Government of India.

• (3) On receipts of such declaration the Central Govt. shall issue an acknowledgement in Form XXII A.

• (4) There shall be kept by Central Govt. in the Ministry of Home Affairs a register the Form XXII B, containing the names of persons where declarations of intentions to renounce overseas citizenship of India are registered.

PROCEDURE - The application for registration as an overseas citizen of India has to be made in the prescribed form. This form when completed should be submitted in person with 4 copies (with 2 additional passport size photographs) to High Commission of India, Level 9, 180 Molesworth Street, Wellington for transmission of the same to the Central Government in India.

A fee of NZ$ 409 (New Zealand Dollars Four Hundred and Nine only), in the form of bankers’ cheque in the name of High Commission of India, Wellington, or cash will have to be deposited along with the application form for registration as an overseas citizen of India. Of NZ$ 409, a sum of NZ$ 37 would be non-refundable. The balance amount of NZ$ 372 would be refunded in case the application for registration as overseas citizen is not accepted. The application for registration as an overseas citizen of India received by this High Commission would be forwarded to the Central Government authorities concerned in India for a decision in each case. An applicant, whose request for registration as an overseas citizen of India, has been rejected by the Central Government, may, within 30 days from the date of such order, make an application for review of such order.

The applications will be received in the High Commission from 1st November 2004 onwards on all working days between 9:30 am to 1:00 pm

October 27, 2004

Following assurance of the Prime Minister at the first Pravasi Bharatiya Divas in January 2003 regarding Dual Nationality, the Citizenship Amendment Bill 2003 was passed by the Parliament in December 2003 and has also received President's accent on 7th January 2004. This would enable persons of Indian origin in 16 specified countries, including New Zealand, to seek Indian nationality as well. The consequent changes in the Citizenship Rules 1956 have to be effected by the Ministry of Home Affairs, Government of India. After notification, the Rules have to be laid on the Table of both the Houses of Parliament before they come into force.

As the Parliament session is now possible only in June 2004, the amended Rules will only come into force after that.

IMPORTANT: "The Government of India has decided to hold in abeyance, with immediate effect, the scheme of granting Overseas Indian Citizenship. The applications for Overseas Indian Citizenship are, therefore, not being received until further directions from the Government of India."

The Government of India has decided to celebrate the third Pravasi Bharatiya Divas in Mumbai from January 9-11, 2005. The Government of India is determined to make event as grand a success as the previous two Pravasi Bharatiya Divas celebrations held in Delhi in 2003 and 2004.

Like the previous years, the event would be inaugurated by the Prime Minister, Dr. Manmohan Singh and the sessions will be addressed by the senior Ministers, including Ministers for External Affairs, Finance, Food and Agriculture, Commerce, Science and Technology, IT and Communications. Leading professionals like the Government of Reserve Bank of India, Chairman of Stock Exchange Board of India and Bombay Stock Exchange will also address the events.

Since Mumbai is the entertainment capital of India, no doubt, the event will expect a very good response from the Indian film industry and it is planned to have one evening programme focused on Bollywood. The parallel sessions would also include a session on the entertainment industry.

It is the endeavour of the Government of India to make the participation more rewarding for the Diaspora, in keeping with the basic objectives of developing mutually beneficial relationship. The Pravasi Bharatiya Divas is not only India-centric, but the Diaspora can also make use of it for attracting investments and promoting business in the country of their settlement. The participants from the Diaspora will be given ample opportunities to highlight the potential for cooperation in their respective regions.