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EXTRAORDINARY

PART II-Section 3-Sub-section (i)

PUBLISHED BY AUTHORITY
NEW DELHI

Dated: January 16, 2015

MINISTRY OF HOME AFFAIRS

NOTIFICATION

In exercise of the powers conferred by section 18 of the Citizenship Act, 1955 (57 of 1955), the Central Government here by makes the following rules to amend the Citizenship Rules, 2009, namely:-

1. (1) These rules may be called the Citizenship (Amendment) Rules, 2015.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Citizenship Rules, 2009, -

(a) in rule 8,-

(i) for clause (c), the following clause shall be substituted, namely :-

"(c) he is ordinarily resident in India for a period of at least twelve months on the date of making application, and" ,

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

"Provided that the period of twelve months referred to in clause (c) may, under special circumstances, be relaxed by the Central Government under sub-section (1A) of section 5 of the Citizenship Act, 1955.",

(b) in rule 9,-

(i) for clause (c), the following clause shall be substituted, namely :-

"(c) he has been an Overseas Citizen of India cardholder for a period of at least five years and is ordinarily resident in India for a period of twelve months on the date of making application, and",

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

"Provided that the period of twelve months referred to in clause (c) may, under special circumstances, be relaxed by the Central Government under sub-section (1A) of section 5 of the Citizenship Act, 1955." ,

(c) rule 30 shall be omitted ,

(d) in rule 31,-

(i) the words and figures "or as the case may be, rule 30" shall be omitted ,

(ii) for clause (a), the following clause shall be substituted, namely:-

"(a) in India -

(i) to the Foreigners Regional Registration Officer (FRRO) as may be specified by the Central Government, or

(ii) to the Foreigners Division, Ministry of Home Affairs,".

(e) in rule 32, after sub-rule (1), the following sub-rule shall be inserted, namely :-

"(1A) In the case of a person referred to in clause (d) of sub-section (1) of section 7A of the Citizenship Act, 1955, who is a spouse of foreign origin of a citizen of India or a spouse of foreign origin of an Overseas Citizen of India cardholder, the registration as an Overseas Citizen of India cardholder of such person shall be subject to prior security clearance from a competent authority in India as provided under the said clause (d) of sub-section (1) of section 7A of the Citizenship Act, 1955."

(f) for rule 34, the following rule shall be substituted, namely :-"34. Declaration of renunciation of Overseas Citizen of India card.- (1) A declaration of renunciation of the card registering a person as an Overseas Citizen of India cardholder under section 7C shall be made in Form XXXI, accompanied with the original certificate of registration of Overseas Citizen of India cardholder, to the concerned Indian Mission or Post or the Ministry of Home Affairs, Government of India, who in turn, shall forward the same to the authority which issued the said certificate of registration.

(2) On receipt of the declaration of renunciation of the card registering as an Overseas Citizen of India cardholder, the issuing authority shall issue an acknowledgement in Form XXXII and remove the name of the declarant from the register of Overseas Citizen of India cardholder."

(g) in FORM VI, in PART I, for serial number 6 and the entries relating thereto, the following serial number and entries shall be substituted, namely :-

"6. Details of residence in India:

(a) Date of entry in India ……………………….

(b) I have resided in India continuously for a period of 12 months immediately preceding the date of application ... Yes/No

Details of residence in India for the last five years:

S.No. Details with address of residence in India From To Years Months
1 2 3 4 5
         

(h) in FORM VII, in PART I, for serial number 6 and the entries relating thereto, the following serial number and entries shall be substituted, namely :

"6. Details of residence in India:

(a) Date of entry in India ……………………

(b) I have resided in India continuously for a period of 12 months immediately preceding the date of application .. Yes/ No

Details of residence in India for the last five years after registration as Overseas Citizen of India cardholder:

S.No. Details with address of residence in India From To Years Months
1 2 3 4 5
         
         

(i) in Form XXVIII,-

(i) for the words, figures and brackets "See rule 29(1) and 30", the words, figures and brackets "See rule 29(1)" shall be substituted ,

(ii) in PART A, under the headings "First Applicant Details", "Spouse Applicant Details", "Minor child -1 Applicant Details" and "Minor child -2 Applicant Details", serial number 14 and the entries relating thereto shall be omitted ,

(iii) in Part B, -

(A) before serial number 15 and the entries relating thereto, the following serial number and entries shall be inserted, namely :-

"14. Whether the applicant(s) (other than the minor child/ children) has worked/ is working in Armed Forces/ Police/ Para-military/ security/intelligence organizations?

Yes/No

If yes, give specific details." ,

(B) for serial number 17 and the entries relating thereto, the following serial number and the entries shall be substituted, namely :-

"17 (a) Whether the applicant(s) had ever been a citizen of Pakistan or Bangladesh at any time?

Yes/No

If yes, give specific details.

(b) Whether either of the parents or grandparents or great grandparents of the applicant(s) had ever been a citizen of Pakistan or Bangladesh at any time?

Yes/No

If yes, give specific details" ,

(j) in Form XXXI, for the heading, the following heading shall be substituted, namely :-

"DECLARATION OF RENUNCIATION OF THE CARD REGISTERING AS AN OVERSEAS CITIZEN OF INDIA CARDHOLDER UNDER SECTION 7C (1) OF THE CITIZENSHIP ACT, 1955 MADE BY AN OVERSEAS CITIZEN OF INDIA CARDHOLDER" :

(k) in SCHEDULE IV, in the TABLE OF FEES, serial numbers 12 and 13 and the entries relating thereto shall be omitted ,

(l) throughout the Citizenship Rules, 2009, for the words "overseas citizenship of India", "overseas citizen of India" or "overseas citizen" wherever they occur, the words "Overseas Citizen of India cardholder" shall respectively be substituted.

[F. No. 26011/01/2014-IC.I]

G K Dwivedi
Jt. Secy

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) videnumber G.S.R. 124(E), dated the 25th February, 2009.