Section 7A of The Citizenship Act, 1955 View Chapter 1

Registration of Overseas Citizen of India Cardholder


   1[2[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

         (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]

1Ins. by Act 6 of 2004, s. 7 (w.e.f. 3-12-2004).

2Subs. by Act 1 of 2015, s. 4, for sections 7A, 7B, 7C and 7D (w.e.f. 6-1-2015).