Extract from the Indian Citizenship Rules, 1956

OVERSEAS CITIZENSHIP OF INDIA-REGISTRATION AND RENUNCIATION

25A. Eligibility for registration as overseas citizen of India – No person, who is a citizen of another country, shall be eligible for registration as an overseas citizen of India if that country does not permit dual citizenship in some form or the other.

25B. Application for registration under section 7A – An application for registration by a person as an overseas citizen of India under section 7A shall be made in Form XIX. A family consisting of spouses and up to two minor children can apply using the same form.

25C. Authority to which applications are to be made – The applications shall be submitted in duplicate,

  1. in India, –
    1. to the Foreigners Regional Registration Officer Delhi, Mumbai, Kolkata, and Amritsar; and to Chief Immigration Officer, Chennai, who shall transmit the applications to the Ministry of Home Affairs; or

    2. to the Foreigners Division, Ministry of Home Affairs;
  2. outside India,
    1. to the Indian Mission or Post having jurisdiction over the country of which the applicant is a citizen; or

    2. where he is not in the country of his citizenship, to the Indian Mission or Post having jurisdiction over the country of which the applicant is ordinarily a resident.

25D. Authority to register as an overseas citizen – The authority on behalf of the Government of India to register a person as an overseas citizen of India under section 7A shall be an officer not below the rank of an Under Secretary to the Government of India in the Ministry of Home Affairs, or an officer of equivalent rank in the Indian Mission or Post abroad, or any such other officer as may be specified by the Central Government, by notification in the Official Gazette.

25E. Scrutiny of applications.-

  1. After preliminary scrutiny, if there is no adverse information available against the applicant, the authority shall register the person as an overseas citizen of India as soon as possible but not later than two weeks. And the case shall be placed for post verification of the antecedents.

  2. If there is any adverse information against the applicant, prior approval of the Central Government in the Ministry of Home Affairs shall be required before granting registration. The Central Government may approve or reject the grant of registration within a period of three months from the date of receipt of the application.

25F. Application for registration under section 7A by PIO Card holders. “Person of Indian Origin Card” holder, notified vide Government of India in the Ministry of Home Affairs Notification number F.No. 26011/4/98-IC-I dated 30th March 1999 and published in the Official Gazette in Part I, section 1 dated the 30th March 1999 and subsequently amended vide notification No. 26011/4/98-F. I dated 19th August 2002, who is otherwise eligible for registration as an overseas citizen of India may apply in Form XIX and be considered for grant of registration in the same manner as other applicants.

25G. Certificate of registration to be granted to persons registered, and register of persons registered under section 7A –

  1. Every person who is registered as an overseas citizen of India under section 7A shall be issued a certificate of registration in Form XX, duly signed by an officer not below the rank of an Under Secretary to the Government of India, or by such other officer as may be specified by the Central Government, by notification in the Official Gazette.

  2. When a certificate is issued under sub-rule (1), a duplicate copy thereof shall be prepared and preserved for record by the issuing authority.

  3. Shall be kept there by the issuing authority, a register containing names of the persons registered as overseas citizen of India under section 7A in Form XXI.

  4. The issuing authority shall transmit the details in Form XXI, to the Ministry of Home Affairs in the first week of every subsequent month.

25H. Declaration of renunciation of overseas citizenship –

  1. A declaration of renunciation of overseas citizenship under section 7C shall be made in Form XXII.

  2. The declaration shall be registered in the office of the issuing authority.

  3. On receipt of such declaration, the issuing authority shall issue an acknowledgment in Form XXII A and strike off such a name from the register in Form XXI.

25I. Cancellation of registration as overseas citizen-

  1. Shall be kept there by the issuing authority, a register containing names of persons whose registration as overseas citizen of India was cancelled under section 7D in Form XXII B.

  2. The issuing authority shall transmit the details in Form XXII B to the Ministry of Home Affairs in the first week of every subsequent month.

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