SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
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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—
- (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 part of India after the 15th day 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.
Conferment of rights on overseas citizens of India.
- 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.
- (2) An overseas citizen of India shall not be entitled to the rights conferred on a citizen of India—
- (a) under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;
- (b) under article 58 of the Constitution for election as President;
- (c) under article 66 of the Constitution for election of Vice-President;
- (d) under article 124 of the Constitution for appointment as a Judge of the Supreme Court;
- (e) under article 217 of the Constitution for appointment as a Judge of the High Court;
- (f) under section 16 of the Representation of the People Act, 195043 of 1950. in regard to registration as a voter;
- (g) under sections 3 and 4 of the Representation of the People Act, 195143 of 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;
- (h) under sections 5, 5A and 6 of the Representation of the People Act, 195143 of 1951. with regard to the eligibility for being a member of the Legislative Assembly or a Legislative Council, as the case may be, of a State;
- (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.
- (3) Every notification issued under sub-section (1) shall be laid before each House of Parliament.
Renunciation of overseas citizenship.
- 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.
- (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.
Cancellation of registration as overseas citizen of India.
- 7D. The Central Government may, by order, cancel the registration granted under sub-section (1) of section 7A if it is satisfied that—
- (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
