The Citizenship Act,1955
Section 7 A. Registration of overseas citizens of India
1[Overseas Citizenship]
2[Registration of overseas citizens of India. (1) The Central Government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register any person 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 became 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.]
COMMENTS
The Central Government has specified the following rights to which the persons registered as Overseas Citizens of India under section 7A of the Act shall be entitled, namely:-
(a) grant of multiple entry lifelong visa for visiting India for any purpose;
(b) exemption from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India; and
(c) parity with Non-Resident Indians in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties.
[Vide S.O. 542 (E), dated 11th April,2005, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 11th April,2005.]
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1. Ins. by Act 6 of 2004, sec. 7 (w.e.f. 3-12-2004).
2. Subs. by the Citizenship (Amendment) Act,2005, sec. 4 (w.r.e.f,28-6-2005), for section “7A. Registration of overseas citizens.-(l) 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 sub-section (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 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 p
art of India after the 15th d
ay 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.”
