Centre announces new norms related to Overseas Citizenship

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By recent gazette notification, Ministry of Home Affairs announced new norms for the cancellation of  Overseas Citizen of India (OCI) registration.

Gazette notification reads as

" In exercise of the powers conferred by the clause (da) of section 7D of the Citizenship Act, 1955 (57 of 1955), the Central Government hereby states that an Overseas Citizen of India (OCI) registration shall be liable to get cancelled when a person has been sentenced to imprisonment for term of not less than two years or has been charge-sheeted for an offence entailing punishment of imprisonment for seven years or more."

Before this notification, section 7D of the Citizenship Act, 1955 (57 of 1955) and relevant section reads as

"(d) the Overseas Citizen of India Cardholder has, within five years after registration under sub-section (1) of section 7A, been sentenced to imprisonment for a term of not less than two years; or [(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the Official Gazette; or;]"

About Overseas Citizen of India (OCI) Facility:

Eligibility criteria: 

Following categories of foreign nationals are eligible for registration as Overseas Citizen of India (OCI) Cardholder:- 

(1) Who was a citizen of India at the time of, or at any time after the commencement of the Constitution i.e. 26.01.1950; or 

(2) who was eligible to become a citizen of India on 26.01.1950; or 

(3) who belonged to a territory that became part of India after 15.08.1947; or 

(4) who is a child or a grandchild or a great grandchild of such a citizen; or 

(5) who is a minor child of such persons mentioned above; or 

(6) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India; or 

(7) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A of the Citizenship Act, 1955 and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application. 

Note : No person, who or either of whose parents or grandparents or great grandparents 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 Cardholder.

Note: The territories which became part of India after 15.08.1947 are: (i) Sikkim 26.04.1975 (ii) Pondicherry 16.08.1962 (iii) Dadra & Nagar Haveli 11.08.1961 (iv) Goa, Daman and Diu 20.12.1961

Further Grounds for Cancellation of OCI Registration:

If it is found that the registration as an OCI Cardholder was obtained by means of fraud, false representation or concealment of any material fact or the registered OCI Cardholder has shown disaffection towards the Constitution of India or comes under any of the provisions of section 7D of the Citizenship Act, 1955, the registration of such person will not only be cancelled forthwith but he/she will also be blacklisted preventing his/ her future entry into India.

Benefits to an OCI Cardholder

(i) Multiple entry lifelong visa for visiting India for any purpose (However OCI Cardholders will require a special permission to undertake research work in India for which they may submit the application to the Indian Mission/ Post/ FRRO concerned). 

(ii) Exemption from registration with Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) for any length of stay in India. 

(iii) Parity with Non-Resident Indians (NRIs) 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. 

(iv) Registered Overseas Citizen of India Cardholder shall be treated at par with Non-Resident-Indians in the matter of inter-country adoption of Indian children. 

(v) Registered Overseas Citizen of India Cardholder shall be treated at par with resident Indian nationals in the matter of tariffs in air fares in domestic sectors in India. 

(vi) Registered Overseas Citizen of India Cardholder shall be charged the same entry fee as domestic Indian visitors to visit national parks and wildlife sanctuaries in India. 

(vii) Parity with Non-Resident Indians(NRI) in respect of:- 

      (A) entry fees to be charged for visiting the national monuments, historical sites and museums in India; 

      (B) pursuing the following professions in India, in pursuance of the provisions contained in the relevant Acts, namely:- 

            (a) doctors, dentists, nurses and pharmacists; 

            (b) advocates; 

            (c) architects; 

            (d) chartered accountants; 

      (C) to appear for the All India Pre-Medical Test or such other tests to make them eligible for admission in pursuance of the provisions contained in the relevant Acts. 

(viii) State Governments should ensure that the OCI Cardholder registration booklets of OCI Cardholders are treated as their identification for any services rendered to them. In case proof of residence is required, Overseas Citizens of India Cardholder may give an affidavit attested by a notary public stating that a particular/specific address may be treated as their place of residence in India and may also in their affidavit give their overseas residential address as well as e-mail address, if any. 

 Any other benefits to an OCI Cardholder will be notified by the Ministry of External Affairs (MEA) under section 7B(1) of the Citizenship Act, 1955. 

7. Benefits to which OCI Cardholder is not entitled to: 

The OCI Cardholder is not entitled to vote, be a member of Legislative Assembly or Legislative Council or Parliament, cannot hold Constitutional posts such as President, Vice President, Judge of Supreme Court or High Court etc. The OCI Cardholder shall not be entitled 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. Further, as stated in para 5 above, the OCI Cardholder cannot acquire agricultural or plantation properties in India.

Relevant Extracts from THE CITIZENSHIP ACT, 1955:

2[OVERSEAS CITIZENSHIP

3[7A. Registration of Overseas Citizen of India Cardholder.―(1) The Central Government may,

subject to such conditions, restrictions and manner as may be prescribed, on an application made in this

behalf, register as an Overseas Citizen of India Cardholder―

(a) any person of full age and capacity,―

(i) who is a 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

2. Ins. by Act 6 of 2004, s. 7 (w.e.f. 3-12-2004).

3. Subs. by Act 1 of 2015, s. 4, for sections 7A, 7B, 7C and 7D (w.e.f. 6-1-2015).

(ii) who is a 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 a 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 grandchild or a great grandchild of such a citizen; or

(b) a person, who is a minor child of a person mentioned in clause (a); or

(c) a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or

(d) spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section:

Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India:

Provided further that no person, who or either of whose parents or grandparents or great grandparents 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 Cardholder under this sub-section.

(2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing persons of Indian Origin Cardholders shall be deemed to be Overseas Citizens of India Cardholders.

Explanation.―For the purposes of this sub-section, “Persons of Indian Origin Cardholders” means the persons registered as such under notification number 26011/4/98 F.I., dated the 19th August, 2002, issued by the Central Government in this regard.

(3) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an Overseas Citizen of India Cardholder.

7B. Conferment of rights on Overseas Citizen of India Cardholder.―(1) Notwithstanding anything contained in any other law for the time being in force, an Overseas Citizen of India Cardholder 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 Cardholder 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 as 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, 1950 (43 of 1950) in regard to registration as a voter;

(g) under sections 3 and 4 of the Representation of the People Act, 1951 (43 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 section 6 of the Representation of the People Act, 1951 (43 of 1951) with regard to the eligibility for being a member of the Legislative Assembly or the Legislative Council, as the case may be, of a State;

(i) for appointment to public services and posts in connection with 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.

7C. Renunciation of Overseas Citizen of India Card.―(1) If any Overseas Citizen of India Cardholder of full age and capacity makes in prescribed manner a declaration renouncing the Card registering him as an Overseas Citizen of India Cardholder, the declaration shall be registered by the Central Government, and upon such registration, that person shall cease to be an Overseas Citizen of India Cardholder.

(2) Where a person ceases to be an Overseas Citizen of India Cardholder under sub-section (1), the spouse of foreign origin of that person, who has obtained Overseas Citizen of India Card under clause (d) of sub-section (1) of section 7A, and every minor child of that person registered as an Overseas Citizen of India Cardholder shall thereupon cease to be an Overseas Citizen of India Cardholder.

7D. Cancellation of registration as Overseas Citizen of India Cardholder.―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 Cardholder was obtained by means of fraud, false representation or the concealment of any material fact; or

(b) the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution, as by law established; or

(c) the Overseas Citizen of India Cardholder 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

(d) the Overseas Citizen of India Cardholder has, within five years after registration under sub-section (1) of section 7A, been sentenced to imprisonment for a term of not less than two years; or

1[(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the Official Gazette; or;]

(e) it is necessary so to do in the interests 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; or

(f) the marriage of an Overseas Citizen of India Cardholder, who has obtained such Card under clause (d) of sub-section (1) of section 7A,―

(i) has been dissolved by a competent court of law or otherwise; or

(ii) has not been dissolved but, during the subsistence of such marriage, he has solemnised

marriage with any other person.]]

1[Provided that no order under this section shall be passed unless the Overseas Citizen of

India Cardholder has been given a reasonable opportunity of being heard.]

1. Ins. by Act 47 of 2019, s. 4 (w.e.f. 10-1-2020).

  1. Gazette Notification 
  2. THE CITIZENSHIP ACT, 1955

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