Salient points of Citizenship (Amendment) Ordinance, 2005 - Press Note
	19:11 IST

Citizenship (Amendment) Ordinance, 2005 has been promulgated on 28th June, 2005. This will amend the Citizenship Act, 1955 by deleting Schedule four of present Act, whereby persons of Indian origin, who or whose parents/grand parents migrated from India after 26th January, 1950 or were eligible to become Indian citizen on 26th January, 1950 or belonged to a territory that became part of India after 15th August, 1947 and their minor child, whose present nationality is such a country which allows dual citizenship in some form or the other will become eligible to be registered as overseas citizens of India. This provision is extended to such citizens of all countries  other than those who had ever been citizens of Pakistan and Bangladesh. The amendment further reduces the period of stay of two years to one year in India for OCI, who is registered for five years, to become eligible for grant of Indian citizenship. 2.         The Prime Minister in Pravasi Bhartiya Divas, 2005 made a statement to extend the facility of OCI to all countries beyond the 16 mentioned in the fourth  Schedule of Citizenship Act, 1955. This ordinance will fulfill that commitment. Further, the Prime Minister said that the application form and format of the citizenship certificate could be simplified and  the benefits available to OCIs will be properly specified. Accordingly, the Citizenship Rules, 1956 have been suitably amended to simplify the application forms and the procedures. The earlier application form was for one person and required oath of allegiance to be sworn in before the Indian consular staff and declaration of immovable properties and the list of family members living outside India. The new application form has been made applicable for four persons wherein the spouse and up to two minor children can apply together. Various requirements which were not to be used in deciding OCI registration have been done away with and the form has been greatly simplified bringing in clarity and transparency. 3.         As regards the procedure, now the things have been made much simpler. Earlier such persons had to apply only in their country of citizenship, whereas now they can also apply in the country where he/she is ordinarily residing. The condition of oath of allegiance has been done away with. For forms within the country only FRRO and MHA have been authorized to receive applications for OCI. The fees of US$ 275 for grant of OCI can be deposited in equivalent  local currency. A provision has been made that those who are PIO card holders can also apply for OCI, if he/she is so eligible, on payment of nominal fees of US$ 25. 4.         Indian Missions have been authorized to grant OCI within 15 days to such cases wherein there is no involvement in serious offences like drug trafficking, moral turpitude, terrorist activities or anything leading to imprisonment of more than a year. For such cases the Mission can grant OCI and then send the matter to MHA for post verification. In all other cases where there is some involvement and crime record is declared, the cases will be cleared within the period of three months after prior inquiry into the antecedents of the individual by MHA. It may be noted that every case will be inquired into pre or post and if someone is found to have acquired OCI certificate on false information, the certificate will be cancelled forthwith. 5.         As regards the benefits, notifications have been issued by the Home Ministry for introducing a new type of visa called ‘U’ visa which is multi- purpose, multiple entry life long visa. This will entitle the OCI card holder to visit the country at any time for any length of time and for any purpose. Further, such OCI registered persons have been exempted from police reporting for any length of stay in the country. Such persons have also been granted all rights in the field of economic, financial and educational fields in parity with NRIs. However, they will have no right with respect to acquisition of agricultural or plantation properties. 6.         After the promulgation of the ordinance, steps have been initiated to print the visa stickers and the registration certificates. The registration certificate will look like a passport,   the one given to registered PIOs. The Cabinet has also directed Ministry of Overseas Citizens of India Affairs to work on a preposition to give smart cards to registered OCIs and they will also be authorized to issue notifications for giving any specific right to registered OCIs. 7.         MHA may be in position to roll out this scheme with simplified, transparent and time bound scheme possibly by 15th August, 2005 and hopes that a large number of Indian diaspora will seek registration as Overseas Citizens of India. Such persons will not only get an opportunity to visit their roots anytime for any purpose and for any length of time but will also contribute towards the national goal of equitable development by generously contributing to national economy. Ministry of Home Affairs Asadha 8,1927, June 29,2005