Context:

In exercise of the powers conferred by Section 7B (1) of the Citizenship Act, 1955, the Ministry of Home Affairs notified new rules for OCI Cardholders.

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 the 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 fees 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 fall between the ‘Inner line’ and the International Border of the State. Protected Areas are located in the following states:-
  • The whole of Arunachal Pradesh
  • Parts of Himachal Pradesh
  • Parts of Jammu & Kashmir
  • Whole of Manipur
  • Whole of Mizoram
  • Whole of Nagaland
  • Parts of Rajasthan
  • The 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.