Context
In exercise of the powers conferred by Section 7B (1) of the Citizenship Act, 1955, Ministry of Home Affairs notified new rules for OCI Cardholders.
Who are Overseas Citizen of India Cardholders?
- Overseas Citizenship of India (OCI) is given to Persons of Indian Origin (PIO) who immigrated from India and subsequently acquired citizenship of a foreign country.
- The following person(s) are eligible for OCI.
- who was a citizen of India at the time of, or at any time after 26th January, 1950; or
- who was eligible to become a citizen of India on 26th January, 1950; or
- who belonged to a territory that became part of India after 15th August, 1947; or
- who is a child or a grandchild or a great grandchild of such a citizen; or
- who is a minor child of such persons mentioned above; or
- who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India - is eligible for registration as OCI cardholder.
- However person who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh cannot become OCI cardholder
Key-highlights of the new Rules
- OCIs are required to secure a special permit to undertake “any research”, “missionary” or “Tablighi” or “journalistic activities” or to visit any area in India notified as “protected”, “restricted” or “prohibited”.
- It equates OCIs to “foreign nationals” in respect of “all other economic, financial and educational fields” for the purposes of the Foreign Exchange Management Act, 2003
- This reverses the position that has held for the last 16 years wherein OCIs were equated to Non-Resident Indians
- OCIs can however continue to purchase land (other than agricultural land), pursue the profession of medicine, law, architecture and accountancy and seek parity with Indian citizens with regard to airfares and entry fee to monuments and parks.
- OCIs can also continue to seek enrolment in Indian educational institutions on par with NRIs but not for seats reserved exclusively for Indian citizens.
- OCIs are granted exemption from registration with the Foreigners Regional Registration Officer or Foreigners Registration Officer for any length of stay in India
Protected Areas
- All areas falling between the ‘Inner line’ and the International Border of the State. Protected Areas are located in the following States:-
- Whole of Arunachal Pradesh
- Parts of Himachal Pradesh
- Parts of Jammu & Kashmir
- Whole of Manipur
- Whole of Mizoram
- Whole of Nagaland
- Parts of Rajasthan
- Whole of Sikkim (partly in Protected Area and partly in Restricted Area)
- Parts of Uttarakhand
Restricted Areas
- Andaman & Nicobar Islands - Entire Union Territory
- Sikkim - Part of the State
Prohibited Areas
- These areas are defined under Officials Secrets Act, 1923.
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