According to the Section 19 (b) of Indian People’s Representation Act and Supreme Court of India’s elaboration, State Election Department (General) has clarified the word Ordinary resident as follows.
“ That the “ordinary Resident” in a constituency as mentioned in the representation of the people act 1950, shall mean a habitual resident of that place or a resident as a matter of fact in regular, normal or usual course. It means a usual and normal resident of that place. The resident must be permanent in character and not temporary or casual. It must be as above for a considerable time, he must have the intention to dwell permanently. He must have a settled abode at that place for a considerable length of time for which a reasonable man will accept him as the resident of that state.”
Dear Sanjeev Ji
One year stay in India for an OCI need be continuous 52 weeks. In my previous mail I wrote intermittent.
It is made clear in rules:Ministry of Home Affairs New Delhi, the 25th February , 2009NOTIFICATIONG.S.R.124(E).- In exercise of the powers conferred by section 18 of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby makes the following rules, namely : –
9. Application for registration under clause (g) of sub-section (1) of section 5.- An application from a person registered as an overseas citizen of India, for registration as a citizen of India under clause (g) of sub-section (1) of section 5, shall not be entertained unless - [Sanjeev: Yes, India's bureaucrats will do me the "FAVOUR"of "entertaining" my application, I being only a mere supplicant and they my MASTERS. My plan is to go and make them my SERVANTS.](a) the application is made in Form VII;(b) he gives an undertaking in writing that he shall renounce the citizenship of his country in the event of his application being sanctioned;(c) he has been an overseas citizen of India for a period of at least five years and resident in India for a continuous period of one year on the date of making application; and(d) he makes the oath of allegiance as specified in the Second Schedule to the Citizenship Act, 1955.FORM VII[See rule 9(1)(a)]The Citizenship Rules, 2009APPLICATION FOR REGISTRTION AS A CITIZEN OF INDIA UNDER SECTION 5(1)(g) OF THE CITIZENSHIP ACT, 1955 MADE BY A PERSON WHO IS REGISTERED AS AN OVERSEAS CITIZEN OF INDIA UNDER SECTION 7 ANote: Please write/print in BLOCK LETTERSPART IPHOTOGRAPH1. I,…………………………………………………………………………
(mention full name) resident of (complete postaladdress)…………………………………………………………………
…………………………….of full age and capacity and was born at(with Tehsil, District, State and Country)……………………………………………………on ………………and is a citizen of ………2. My father’s full name is…………………………………………….andhe was born at (with Tehsil, District, State andCountry)……………………… ……………….on…………… and is acitizen of ……………………………………………………………….. 3. My mother’s full name is …… …………………………………………and she was born at(with Tehsil, District, State andCountry)……………………… ……………….on…………… and is acitizen of ………………………………………………………………..4. My wife’s/husband’s full name is….. ………………………………and he/she was born at (with Tehsil, District, State andCountry)…………………………………….on…………… and is acitizen of …………………………………………………………………5. I was registered as an overseas citizen of India under section 7Avide certificate of registration No. ……………. dated………………..6. Details of residence in India:(a) Date of entry in India……………….
(b) I have resided in India continuouslyfor a period of 12 months immediately Yes/Nopreceding the date of application(c) During the eight years immediatelypreceding the said period of twelveYes/No
months, I have resided in India for aperiod amounting in the aggregate tonot less than six years.S.No.Details with addressof residence in Indiafor the last nine yearsFrom To Years Months1 2 3 4 57. (a) Sex:…………………(b)Occupation………………….……………
(c) If in service, address of employer: ………………………………(d)Mark of identification:……………………………………………
8. Passport particulars:(a) Country:…………………..(b) Number…………………….9. Visa valid up to:…………………………………………………………. 10. Details of family members who are staying in India with the applicant:S.No. Name Present Address Relationship Age1 2 3 4 511. Details of criminal proceedings, if any:S.No. Nature of thecriminalproceedingsDate andplace ofregisteringthe casePresent statusof the caseJudgmentof thecourt1 2 3 4 5PART II12. I have/have not previously renounced for been deprived of thecitizenship of India.(If the applicant has been deprived of his Indian Citizenship, hereState the date on which the declaration of renunciation was made; or ifhe has been deprived of his citizenship state the date on which and theauthority by whom, the order of deprivation was made). [Sanjeev: I have absolutely no idea what they are talking about! They gave me OCI after doing formalities, now they ask for dates of renunciation, etc.]
13. I have/have not previously applied for registration as a citizen of Indiaand the application has/has not been rejected.14. I hereby declare that my intention is to make India my permanenthome and I undertake that I shall renounce the citizenship of mycountry in the event of my application being sanctioned. [Sanjeev: Once again, there is no automatic guarantee. The babu must decide. I must be nice to a Babu. The parliamentary law MANDATING the citizenship upon application means nothing]15. I, ………………………… do solemnly and sincerely declare that theforegoing particulars, stated in this application are true, and I make thissolemn declaration conscientiously believing the same to be true.Date:…………Signature……………………………… Made and subscribed this ………………..day …………………of
………………20………….before me.*Signature………………………*Designation……………………16. I, the undersigned, hereby state that I am an Indian citizen otherwisethan by naturalization, that I am a householder, and that I am not thesolicitor or agent of……………………………………………………..I vouch for the correctness of the statement made by……………………………..in his application for Indiancitizenship.Signature……………………….Name…………………………Full Postal Address.…………….………………………………….. ..…………………………………
Oath of AllegianceI,…..……………………………………………………….do solemnly affirm and swear in the name of God that I will bear true faith and allegiance to theConstitution of India as by law established and that I will faithfully observe the laws of India and fulfill my duties as a citizen of India. [Sanjeev: Is India's spineless PRIME MINISTER who supports the super-corrupt Congress doing his duties as citizen of India, may I ask, please!???? Are our MPs FAITHFULLY OBSERVING THE LAWS OF INDIA????]Signature………………………Affirmed/Sworn and subscribed this ………day of…………………….20…………………………before me.*Signature…………………….*Designation…………………..*Signature and designation of the officer authorized under rule 38 of theCitizenship Rules, 2009 before whom the registration, declaration or oath ofallegiance is made or taken. (i.e. the Collector, Deputy Commissioner,District Magistrate)(This form complete in all respects shall be e submitted in triplicate to theCollector/Deputy Commissioner/District Magistrate within whose jurisdictionthe applicant is ordinarily resident for transmission to the CentralGovernment through the State Government or the Union territoryadministration, as the case may be) DOCUMENTS TO BE ATTACHED WITH THE APPLICATION BY THEAPPLICANT1. A copy of the valid Foreign Passport.2. A copy of the certificate of registration as overseas citizen ofIndia under section 7A.3. A copy of Bank challan in original amounting to Rs.500/towards declaration and oath of allegiance deposited in theState Bank of India under Head No.”0070-OtherAdministrative Services-Other Services-receipts under theCitizenship Act”.
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Addendum: I’m unable to revise the above post (WordPress is giving random trouble, as usual). What I’ve noted is that the form asks for 6 years residency. I don’t know from where this rule has come! Clearly the mystery deepens.
Hi Sanjeev,
Cant it be worked out this way,
1. indian FTI members will register the political party on your behalf. And definitely would be done by 2014.
2. Let the indian FTI members contest elections.
3. And you can contest in any by-elections after you get your citizenship.
This is just my feeling. I am not sure whether this will work out.
Thanks. That’s definitely one of the things I’ve been thinking about. Things should become very clear by end-April.
s