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Orders/Circulars

OCI Circular

No.COMM/NRI/169/2010-11
Government of Goa,
O/o Director for NRI Affairs
Secretariat Porvorim-Goa.
Dated: 07 March, 2011

CIRCULAR

 

Subject: Overseas Citizenship of India (OCI)
Article 9 of the Constitution of India provides that no person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State.

(2) In terms of the provisions contained in Section 7A of the Citizenship Act, 1955 (57 of 1955), as amended by the Citizenship (Amendment) Act, 2005 (Central Act 32 of 2005), the Persons of Indian Origin (PIOs) of all countries (except those holding citizenship of Bangladesh and Pakistan or who ever held the citizenship of either of these two countries), who were citizens of India or were eligible to become citizens of India on 26th January 1950, or any time thereafter, or belonged to a territory that became part of India after 15th August 1947, are eligible to register themselves as Overseas Citizens of India (OCI), Children / grandchildren / minor children of such persons are also eligible for registration as OCI under the Citizenship Act, 1955 (57 of 1955). An extract of the provisions of relevant sections 7A, 7B, 7C and 7D of the Citizenship Act, 1955 (57 of 1955) is enclosed at Annexure I. Details in respect of the above, including procedure and the application Form XIX can be accessed from the Government of India, Ministry of Home Affairs, website www.mha.nic.in . Part A of this form can be filled online only, and after downloading Part B has to be filled by hand in block letters.

(3) The application form, completed in all respects, alongwith enclosures and application fee by way of Demand Draft (US $ 275 or equivalent in local currency) should be submitted in duplicate to the Indian Mission/Post of the country of applicant’s citizenship, or where he/she is not in the country of citizenship, to the Indian Mission/Post of the country in which he/she is ordinarily a resident. If the application is filled in Goa, he / she has to submit the application alongwith demand draft for Rs.14,230/- drawn in favour of Pay & Accounts Officer(Secretariat) MHA, New Delhi, to the Under Secretary, OCI Cell, Citizenship Section, Foreigners Division, Ministry of Home Affairs (MHA), Jaisalmer House, 26 Mansingh Road, New Delhi-110011.

(4) Persons of Indian origin (PIOs) who are eligible to become Overseas Citizens of India (OCI), are required to file documentary evidence alongwith their OCI applications to show that their parents / grandparents were born and lived in India. However, in cases where the OCI applicants, who are children and grandchildren of PIOs who left India before 26th January 1950, find it difficult to produce the requisite documentary evidence, they shall apply to the concerned District Magistrate / First Class Magistrate for “Nativity Certificate” in the application form alongwith the prescribed documents in Annexure II and a declaration as to why they are unable toobtain such birth records. TheDistrict Magistrate / First Class Magistrate shall then issue the “Nativity Certificate” in Annexure III, after verifying theland revenue records or any other records, as per established practice.

(5) A registered Overseas Citizen of India is issued an OCI Registration Certificate and a Universal Visa is affixed to his / her foreign passport by virtue of which he / she can travel to India any time, for any purpose and for any length of stay. Registered OCIs are entitled to the following rights / benefits / concessions:

(i) Grant of multiple entry lifelong visa for visiting India for any purpose;

(ii) Exemption from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India;

(iii) Parity with Non Resident Indians 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) Parity with Non Resident Indians in the matter of inter-country adoption of Indian children; 

(v) Parity with Non Resident Indians in the matter of issue of Indian driving licence and admission of their children in educational institutions in India;

(vi) Parity with Non Resident Indians 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 :-

(i) doctors, dentists, nurses and pharmacists;
(ii) advocates;
(iii) architects;
(iv) chartered accountants;

(vii) 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) Parity with resident Indian nationals in the matter of tariffs in air fares in domestic sectors in India;

(ix) Parity with domestic Indian visitors in the matter of charging entry fee to visit national parks and wildlife sanctuaries in India.

(6) Registered OCIs have also been given facility to change their residential address on the OCI Registration Certificate online. They are required to print and keep a copy of the changed address alongwith the Registration Certificate, after changing the address online. The Indian address of the OCIs may be treated as proof of residence for issue of driving licence, gas connection, etc to OCIs permanently living in India. However, those OCIs who are living temporarily in India and not in favour of changing their address on the OCI Registration Certificate may be allowed to drive vehicle on the basis of the driving licence held by them which is issued by their country of residence. Their OCI Registration booklets may be treated as their identification for any services rendered to them.

(7) However, the OCI is not entitled to any political rights. The OCI is neither entitled to be registered as a voter, nor eligible to be a member of the Legislative Assembly or Parliament, nor entitled to hold Constitutional post such as the President, Vice President, Judge of the High Court or Supreme Court. The OCI is also not allowed to hold any public employment/Government job or to acquire agricultural and plantation property. He/she can, however, work in private sector without employment visa.

(8) The contents of this Circular may be noted by all Secretaries to Government, Heads of Departments / Offices and Heads of educational institutions and the same may also be brought to the notice of their subordinate officers and staff and all the concerned authorities / agencies under the Government of Goa for strict adherence so that the OCI Card holders are extended all benefits that are admissible to them.

This issues with the approval of the Government.

(V. K. Jha)
Secretary (NRI)

Copy to:
1. Hon. Commissioner for NRI Affairs, Secretariat, Porvorim-Goa
2. All Secretaries to Government of Goa, Secretariat, Porvorim-Goa
3. Secretary to Governor, Raj Bhavan, Dona Paula
4. Secretary to C. M. Secretariat, Porvorim
5. Secretary, Goa Legislature Secretariat, Porvorim
6. All the Heads of Department / offices
7. All Departments in the Secretariat, Porvorim-Goa.
8. All O.S.D’s to C.M / Speaker / Ministers, Secretariat, Porvorim-Goa
9. The Registrar, Goa University, Talegaon Plateau
10.The Collector and District Magistrate North Goa, Panaji / South Goa, Margao for circulation amongst SDMs and First Class Magistrates under their respective jurisdiction.
11.The Director of Municipal Administration for circulation amongst CCP and all the Municipal Councils.
12.The Director of Panchayats, Panaji-Goa for circulation amongst Zilla Panchayats and Village Panchayats.
13.The Director of Information and Publicity for wide publicity through print and electronic media.
14.Guard file
15.O/C

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