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 -
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(a) that person is of Indian origin of full age and capacity who is a citizen of specified country or (Click Here for list of specified countries)
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(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
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(c) that person is a minor of a person mentioned in clause (a) or clause (b)
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(2) The person registered as an overseas citizen of India under sub-section (i) shall be an overseas citizen of India as from the date on which he is so registered.
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(3) No person has been
deprived of his Indian citizenship under this
Act shall be registered as an overseas citizen
of India under sub-section (I) except by an order
of the Central Government.
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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 -
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(i) was eligible to become a citizen of India at the time of the commencement of the Constitution
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(ii) belonged to a territory that became part of India after the 15th day of August 1947 and
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(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.
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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.
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(2) An overseas citizen of India shall not be entitled to the rights conferred on a citizen of India -
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(a) Under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;
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(b) Under article 58 of the Constitution for election as President
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(c) Under article 66 of the Constitution for election of Vice-President
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(d) Under article 124 of the Constitution for appointment as a Judge of the Supreme Court
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(e) Under article 217 of the Constitution for appointment as a Judge of the High Court.
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(f) Under section 16 of the Representation of the People Act, 1950 in regard to registration as a voter.
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(g) Under section 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:
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(h) Under sections 5, 5A 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 of States as the case may be, of a state;
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(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.
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(3) Every notification issued under sub-section (I) shall be laid before each House of Parliament.
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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.
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(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.
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7D. The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A if it is satisfied that -
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(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
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(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
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(b) the overseas citizen of India has shown dissatisfaction towards the Constitution of India as by law established; or
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(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
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(d) the overseas citizen of India has, within five years after registration under sub-section (1) of section 7 A has been sentenced to imprisonment for a term of not less than two years, or
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(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.
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