THE CITIZENSHIP (AMENDMENT) ORDINANCE, 2005
Promulgated by the President in the Fifty-sixth Year of the Republic of India.
An Ordinance further to amend the Citizenship Act, 1955.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance:-
(1) This Ordinance may be called the Citizenship (Amendment) Ordinance, 2005.
(2) It shall come into force at once.
In section 2 of the Citizenship Act, 1955 (57 of 1955) (hereinafter referred to as the principal Act), in sub-section (1),-
(i) for clause (ee), the following clause shall be substituted, namely:-
'(ee) "overseas citizen of India" means a person registered as an overseas citizen of India by the Central Government under section 7A;';
(ii) clause (gg) shall be omitted.
In section 5 of the principal Act, in sub-section (1), in clause (g), for the words "two years", the words "one year" shall be substituted.
For section 7A of the principal Act, the following section shall be substituted, namely:-
"7A. Registration of overseas citizens of India.--The Central Government may, subject to such conditions and restrictions as may be prescribed, on an application made, in this behalf, register as an overseas citizen of India--
(a) any person of full age and capacity,-
(i) who is 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 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 citizen of another country, but belonged to a territory that become part of India after the 15th day of August, 1947; or
(iv) who is a child or a grand-child of such a citizen; or (b) a person, who is a minor child of a person mentioned in clause (a):
Provided 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 an overseas citizen of India.".
The Fourth Schedule to the principal Act shall be omitted.