Immigration and Foreigners (Amendment) Order, 2026 — MHA Amends Protected Area Regime and OCI Cardholder Definition

Introduction

The Ministry of Home Affairs (MHA), in exercise of powers conferred by Section 7 read with Sections 3 and 11 of the Immigration and Foreigners Act, 2025 (13 of 2025), has notified the Immigration and Foreigners (Amendment) Order, 2026 vide S.O. 3216(E) dated 18th June, 2026. The amendment modifies the Immigration and Foreigners Order, 2025 — the principal order published vide S.O. 3986(E) dated 1st September, 2025 — on three substantive counts: a new definition, a permit-related insertion, and a revision of the Protected Area Schedule for Rajasthan.

Key Amendments

1. Definition of "Overseas Citizen of India Cardholder" Inserted

A new clause (aa) has been inserted in paragraph 2, sub-paragraph (1), after clause (a) of the principal Order. The clause defines "Overseas Citizen of India Cardholder" as the Overseas Citizen of India Cardholder as defined under clause (ee) of sub-section (1) of Section 2 of the Citizenship Act, 1955 (57 of 1955).

This definitional clarity is significant for the administration of immigration and foreigner-related permissions, as OCI Cardholders enjoy a distinct legal status under Indian law and are subject to different entry, stay, and permit conditions compared to other foreign nationals.

2. Amendment to Paragraph 14 — Permit Requirement

In paragraph 14, sub-paragraph (2) of the principal Order, after the words "after obtaining necessary permit", the words "or without permit, as the case may be," have been inserted. This insertion acknowledges that travel to or through certain regulated zones may be permissible without a separate permit in specific circumstances, bringing greater operational clarity to the permit framework for restricted and protected areas.

3. Revision of the Third Schedule — Protected Areas in Rajasthan

The most operationally significant amendment relates to the Third Schedule (Appendix) of the principal Order, under the heading "RAJASTHAN". The entries specifying protected area tehsils across multiple Rajasthan districts have been substituted. The revised Schedule covers the following districts and tehsils:

District: Jaisalmer — Tehsils: Pokaran (area west of NH-11), Jaisalmer (area west of NH-11 and NH-68), Ramgarh (entire tehsil), Sam (entire tehsil), Fatehgarh (area west of NH-68).

District: Bikaner — Tehsils: Khajuwala, Chhatargarh, Poogal, Bajju (entire areas), Lunkaransar (area west of NH-62, including Mahajan Field Firing Range).

District: Sriganganagar — Tehsils: Sriganganagar (west of NH-62), Srikaranpur (entire tehsil), Padampur (west of NH-62), Gajsinghpur, Raisinghnagar, Anupgarh, Gharsana, Rawla, Srivijaynagar (entire tehsils), Suratgarh (west of NH-62).

District: Barmer — Tehsils: Sedwa, Dhanau, Chohtan, Ramsar, Gadraroad (entire tehsils), Sheo (west of NH-68).

District: Phalodi — Tehsils: Bap (west of NH-11), Phalodi (west of NH-11).

District: Jalore — Blocks: Sanchore and Chitalwana under Jalore Tehsil.

Exclusions from Protected Area Designation

The amended Schedule explicitly carves out the following areas from the protected area regime, notwithstanding their geographic location within the above tehsils:

The peripheral areas of cities, towns, and villages situated on National Highway Nos. 62, 11, and 68 through which these highways pass.

The city limits of Sriganganagar, Suratgarh, Bikaner, Phalodi, Bap, Pokaran, Jaisalmer, Barmer, and Sanchore.

Villages and areas of tourist interest in Jaisalmer district — including Amarsagar, Ludrava, Kuldara, Bada Bagh (Black Bar), Akal, Sam, Unda, and Khuhri — used for desert safaris, camping sites, desert rallies, and similar tourism purposes, extending 500 metres on either side of roads leading to these places and boundaries of such villages.

Effective Date

The Amendment Order comes into force on the date of its publication in the Official Gazette, i.e., 18th June, 2026.

Significance

The Protected Area Permit (PAP) regime under the Immigration and Foreigners framework restricts entry of foreign nationals — including OCI Cardholders in certain cases — into sensitive border areas without prior government permission. The revised Schedule for Rajasthan brings granular geographic clarity to which tehsils and sub-areas along the India-Pakistan border fall within the protected zone, while preserving access to highway corridors and key tourist destinations. The explicit exclusions for tourism zones reflect a calibrated policy approach — balancing national security imperatives with the operational needs of Rajasthan's desert tourism economy.

The insertion of the OCI Cardholder definition and the permit flexibility clause in paragraph 14 further streamlines the legal framework for administering foreigner movements in regulated zones.

Conclusion

Businesses, hospitality operators, and immigration practitioners dealing with foreign national travel to Rajasthan's border districts should review the revised Schedule to assess whether specific locations fall within or outside the updated protected area designation. OCI Cardholders and their employers should also note the formal definitional anchoring of OCI status within the Order's framework.