Part-III
AACCTTSS && RRUULLEESS ( Pages 1--210)
171 Number CONTENTS Page Acts & Rules
1. The Naturalization Act 1926……………………………………………………. 173-181 2. The Naturalization Rules 1961 and 1973 …………………………………. 182-201 3. Pakistan Citizenship Act 1951 …………………………………………………. 202-213 4. The Pakistan Citizenship Rules 1952………………………………………… 214-272
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NNaattuurraalliizzaattiioonn AAcctt 11992266 ( Pages 1--8 )
THE NATURALIZATION ACT, 1926 (ACT No. VII of 1926) 173 [26th February 1926]
AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE NATURALIZATION IN 1[PAKISTAN] OF ALIENS RESIDENT THEREIN.
Whereas it is expedient to consolidate and amend the law relating to the naturalization in Pakistan of aliens resident therein;
It is hereby enacted as follows:
1. Short title, extent and commencement: (1) This Act may be called the 2Naturalization Act, 1926.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint.
2. DEFINITIONS; In this Act, unless there is anything repugnant in the subject or context:
3(a) x x x x x x x (b) "Certificate of naturalization" means a certificate of Naturalization granted under this Act; and
(c) "Minor" means, not withstanding anything in the Majority Act, 1875, any person who has not completed his age of twenty-one years.
3. GRANT OF CERTIFICATE OF NATURALIZATION: (1) The Federal Government may grant a certificate of naturalization to any person who makes an application in this behalf and satisfies the Federal Government- (a) that he is not a minor;
(b) that he is neither a citizen of Pakistan nor a subject of any state of which a citizen of Pakistan is prevented by or under any law from becoming a subject by naturalization;______1 Subs. by the Naturalization ( Amdt.) Act, 1950 ( 23 of 1951 ), S.2, for “The Province and the Capital of the Federation” which has been subs. By A.O. 1949, for “ British India”. 2. The word “Indian” omitted by A.O., 1949. 3. Clause(a) Omitted by Naturalization (Amdt.) Act, 1952 ( 61 of 1952 ), S.2.
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(c) That he has resided in Pakistan throughout the period of twelve months immediately preceding the date of the application, and has, during the seven years immediately preceding the said period of twelve months, resided in Pakistan for a period amounting in the aggregate to not less than four years; (d) that he is of good character;
(e) that he has an adequate knowledge of a language which has been declared by the Federal Government by notification in the official Gazette, to be one of the principal vernaculars of Pakistan; and
(f) that he intends, if the application is granted, to reside in Pakistan or to enter or continue in the service of the State in Pakistan;
Provided that nothing in clause (c) or clause (f) shall apply in the case of woman who was a citizen of Pakistan previously to her marriage to a person not a citizen of Pakistan and whose husband has died or whose marriage has been dissolved.
(2) Nothing in this section shall be deemed to prevent the grant of a certificate of naturalization to any person to whom a certificate of naturalization has been issued under the Indian Naturalization Act, 18521.
4. Contents and form of application: (1) Every application for a certificate of naturalization shall be in writing and shall state, to the best of the knowledge and belief of the applicant:
(a) his age;
(b) his place of birth; (c) his place of residence; (d) his profession, trade, or occupation;
(e) full particulars regarding his qualifications in respect of the matter referred to in clause (a) to (f) of subsection (1) of section 3;
(f) whether he has at any time previously applied for the grant of a certificate of naturalization under the British Nationality and Status of Aliens Act, 1914, or the Indian Naturalization Act, 1852' or this Act. ______1. Rep. by this Act. 2. The word and figures “ or the British Nationality Act, 1948” which were added by the Naturalization ( Amdt.) Act, 1950 ( 23 of 1951 ), S.6, have been omitted by Act 61 of 1952, S.A.
175 (g) whether any such application has been rejected;
(h) whether any such certificate has been granted to him; and (i) whether any such certificate granted to him has been revoked 1or whether he has been deprived of his citizenship under the Pakistan Citizenship Act, 1951.2[***]
2. Every such application shall be signed by the applicant and shall be accompanied by an affidavit sworn by him verifying that the statements contained therein are true to the best of his knowledge and belief.
3. The Federal Government shall satisfy itself as to the truth of the statements contained in the application and for this purpose may cause to be made such further inquiry, if any and may require such further evidence, if any, either by affidavit or otherwise as it thinks necessary.
5. Grant of certificate: (1) If the Federal Government is satisfied that the applicant is qualified under section 3 for the grant of a certificate of naturalization and is otherwise a fit person for the grant of such certificate, it may grant a certificate reciting the qualifications of the applicant for such grant and conferring upon him all the rights, privileges and capacities of naturalization under this Act, except such rights, privileges or capacities, if any, as may specifically be withheld by the certificate.
(2) Any such certificate may, if the applicant so requests, include the name of any minor child of the applicant, not being by birth2 a citizen of 3[Pakistan] who was born before the date of the certificate and is for the time being resident in Pakistan] and under the control of the applicant; and shall grant to any child so included all the rights, privileges and capacities of naturalization under this Act except such rights, privileges or capacities, if any, as may specifically be withheld by the certificate.
(3) The grant of a certificate of naturalization shall be in the absolute discretion of the Federal Government, and no appeal shall lie from any refusal to grant any such certificate or to include in any such grant any particular right, privilege or capacity.______
1. Added by Act 23 of 1951, S.6. 2. Subs.by the Naturalization ( Amendment ) Act 1952 (.61 of 1952).S.5,for “a British Subject” 3. Subs.by the Naturalization ( Amendment ) Act 1950.(23 of 1951).S.7,for “the Provinces and the Capital of the Federation” which had been subs.by A.O 1949 for “ British India”.
176 6. Oath of allegiance: Every person to whom a certificate of naturalization has been granted shall, within thirty days from the date of the grant thereof take and subscribe the following oath, namely: "I,A..B.,of______do hereby swear (or affirm) that I will be faithful and bear true allegiance to 1[the Constitution of Pakistan.]
Provided that the Federal Government may extend the time allowed under this section in any case in which it is satisfied that failure to take and subscribe the oath within that time was due to sufficient cause.
2[7. Effect of grant of certificate and taking of oath: (1) No certificate of naturalization shall have effect until the person to whom it is granted has taken and subscribed the oath prescribed by section 6,, but upon the taking and subscribing of such oath such person, and any child of any such person who has been included in the certificate under subsection (2) of section 5, shall be deemed to be citizens of Pakistan and be entitled to all the rights, privileges and capacities of a citizen of Pakistan born within Pakistan, except such rights, privileges or capacities, if any as may have been withheld from them respectively by the certificate, and shall within Pakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan; and the wife of any such person to whom a certificate of naturalization is granted after the commencement of the Indian Naturalization (Amendment) Act, 1935, shall, if not already a citizen of Pakistan, in like manner be so deemed and be so entitled and so subject, if within one year, or such longer period as the Federal Government may in special circumstances allow, from the date of the taking and subscribing of such oath by her husband, she makes to the Federal Government a declaration that she desires to be deemed to be a citizen of Pakistan, and if she is an alien as defined in the Pakistan Citizenship Act, 1951, obtains a certificate of domicile under the Act, and takes and subscribes the oath prescribed by section 6 of this Act.
(2) When the person to whom a certificate of naturalization has been granted has taken and subscribed the oath prescribed by section 6, any wife thereafter married by, and any child thereafter born to, such person shall, if she or he is not a citizen of Pakistan and if such person aforesaid at the date of the marriage or birth, as the case may be, retains any rights, privileges or capacities of a citizen of Pakistan under this Act, be entitled, subject, in the case of wife, to her making to the Federal Government a declaration as provided in subsection (1) and, if necessary, upon obtaining the certificate of domicile and making and subscribing the oath as further provided in that subsection, to the same rights, privileges and capacities, and be subject to the same obligations, duties and liabilities to which such person aforesaid was at the date entitled and subject]______
1 The original words “ His Majesty the King ‘ Emperor of India’. His Heirs and Successors” have successively been amended by A.O.,1949 and Act 23 of 1951.S.8, to read as above.
2 Subs.by Act 61 of 1952, S.6, for the existing section 7.
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8. Revocation of certificate: (1) Where the Federal Government is satisfied that a certificate of naturalization granted under this Act, or the Indian Naturalization Act, 1852, were obtained by false representation or fraud or by concealment of material circumstances, or that the person to whom the certificate has been granted has shown himself by act or speech to be disaffected or disloyal to Pakistan, the Federal Government shall, by order in writing revoke the certificate.
(2) Without prejudice to the foregoing provisions, the Federal Government shall, by order in writing, revoke such a certificate of naturalization as aforesaid in any case in which it is satisfied that the person to whom the certificate was granted: (a) has, during any war in which Pakistan is engaged unlawfully traded or communicated with the enemy, or with a subject of an enemy state, or been engaged, in or associated with, any business which is to his knowledge carried on in such a manner as to assist the enemy in such war; or
(b) has, within five years of the date of the grant of the certificate, been sentenced by any Court in Pakistan or in His Majesty's dominions to transportation or to penal servitude or to imprisonment for a term of not less than twelve months, or to pay a fine of not less than one thousand rupees; or
(c) was not of good character at the date of the grant of the certificate; or
(d) has since the grant of the certificate been, for a period of not less than seven years, ordinarily resident out of Pakistan otherwise than as a representative of a citizen of Pakistan, or of a Pakistan firm or company or a Pakistan institution, or in the service of a Government in Pakistan or in the armed forces of Pakistan, and has not maintained substantial connection with Pakistan; or
(e) remains, according to the law of a state at war with Pakistan, a subject of that state; and that the continuance of the certificate is not conducive to the public good.
(4) The Federal Government may, if it thinks fit, before making an order under the section, refer the case for such inquiry as in hereinafter specified, and, in any case to which sub section (1) or clause (a), clause (c) or clause (e) of sub section (2) applies, the Federal Government shall, by notice given to or sent by post to the last known address of the holder of the certificate, give him an opportunity of claiming that the case be referred for such inquiry, and, if the holder so claims in accordance with the notice, the Federal Government shall refer the case for inquiry accordingly.
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(5) An inquiry under this section shall be held by such person or persons and in such manner as the Federal Government may direct in each case.
(6) Where a certificate is revoked under this section, the revocation shall have effect from such date as may be directed by the Federal Government, and thereupon the certificate shall be given up and cancelled; and any person who, without reasonable cause the burden of proving which shall lie upon him fails to give up his certificate within one month from the aforesaid date, shall be punishable with fine, which may extend to one thousand rupees.
(7) For the purposes of this section, any person who has acquired any of the rights, privileges or capacities of naturalization under sub section (2) of section 5 or sub section(2) of section 7 by reason of the grant to his parent of a certificate of naturalization, may, after he has attained majority, be deemed to be a person to whom a certificate of naturalization has been granted.
9. Effect of revocation of certificate:
(1) Where a certificate is revoked under section 8, the former holder thereof shall cease to be deemed to be a citizen of Pakistan.
(2) On such revocation, the Federal Government may, by order in writing, direct that the wife and minor children (or any of them) of the person whose certificate is revoked shall cease to be deemed to be citizens of Pakistan; but where no such direction is made, the status of the wife and minor children of the person whose certificate is revoked shall not be affected by the revocation: Provided that no such order shall be made in the case of a wife unless by reason of the acquisition by her husband of a new nationality she has also acquired the nationality:
Provided further that, in the case of wife who was; or if the Pakistan Citizenship Act, 1951, had been in force at the date of her birth, would have been, by birth a citizen of Pakistan, no such order as aforesaid shall be made, unless the Federal Government is satisfied that, if she had held a certificate of naturalization in her own right, the certificate could properly have been revoked under section 8, and the provisions of that section as to referring cases for inquiry shall apply to the making of any such order as they apply to the revocation of a certificate.
10. Declaration of alienage: (1) A declaration of alienage in such manner as may be prescribed by rules made under this Act may be made: (a) within one year of his attaining majority, by any child who has acquired any of the rights, privileges or capacities of naturalization under subsection (2) of section 5, or subsection (2) of section 7; or 179 (b) within six months from the date / revocation of a certificate under section 8, or of the death of, or of the dissolution of her marriage with, the holder of any such certificate as is therein referred to, by the wife of the person whose certificate has been revoked, or who has died, or whose marriage to her has been dissolved, as the case may be.
(2) Where a declaration of alienage has been in the manner aforesaid, the person making the same, and the wife of any such person, and any children of any such person who are minors and are not by birth citizens of Pakistan, shall cease to be deemed to be citizens of Pakistan.
Provided that the wife of any such person shall not cease to be deemed to be a citizen of Pakistan under this subsection, unless by reason of the acquisition by her husband of a new nationality she has also acquired, that nationality.
11. Inquiries:
Every person making an inquiry under the orders of the Federal Government under subsection (3) of section 4, and every person appointed to hold an inquiry under subsection (5) of section 8, shall be deemed to be public servant within the meaning of the Pakistan Penal Code, and shall for the purposes of such inquiry have the same powers as are vested in a Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters. (i) enforcing the attendance of any person and examining him on oath;
(ii) compelling the production of documents and material object; and (iii) issuing commissions for the examination of witnesses; and every such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Pakistan Penal Code.
12. Oath and affidavits: (1) All oaths and affidavits for the purposes of this Act shall be sworn before a Magistrate or such other person as may be appointed in this behalf by the Federal Government.
(2) The Magistrate or other person by whom an oath of allegiance is administered under section 6 shall grant to the person making the same a certificate in writing of his having taken and subscribed such oath and of the date of his taking and subscribing the same, and shall forward to the Federal Government the oath so taken and subscribed, together with a copy of such certificate.
180 13. Power to make rules: (1) The Federal Government may, by notification in the official Gazette, make rules to give effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:
(a) the form or forms in which certificates of naturalization shall be granted and the manner in which they shall be recorded. (b) the manner in which declarations of alienage shall be made and recorded. (c) The recording of oaths of allegiance; and (d) the fees which may be imposed for the issue of any certificate, whether of naturalization or otherwise, granted under this Act.
14. Limitation to the grant of naturalization under this Act: Nothing contained in this Act shall be deemed to entitle to any of the rights, privileges or capacities of a citizen of Pakistan the child of any person who is himself so entitled by reason only of the inclusion of his name in a certificate of naturalization under subsection (2) of section 5 or of the grant of a certificate of naturalization to his parent.
1[14-A. Application to certificates granted before separation of Burma and Aden: The provisions of this Act shall, after the separation of Burma and Aden from India, continue to apply, as respects Pakistan to certificate granted under this Act, or the Indian Naturalization Act, 1852, before the said separation by the Local Governments of Burma and Aden and any such certificates may after the said separation be revoked as respects Pakistan accordingly.
14-B Application to certificates granted before partition:
The provisions of this Act shall, on or after the fifteenth day of August 1947, continue to on or after apply, as respects Pakistan, to certificates granted under this Act or under the Indian Naturalization Act, 1852 before that day by the Local Government or Provincial Government of any Province which or any part of which was included in the Domination of India on that day, and any such certificates my after that day be revoked as respects Pakistan accordingly.
14-C Validation of certain certificates: Any certificate granted under the Indian Naturalization Act, 1852, or under this Act before the commencement of the Naturalization (Amendment) Act, 1952, and standing un revoked as respects Pakistan at the commencement of the last named Act, shall be deemed to be a certificate of naturalization under this Act as amended by the Naturalization (Amendment) Act, 1952]. 15. {Repeals} Rep. By the Repealing Act, 1927 (XIII of 1927) S.2, & Sch.______1 Omitted for Ordinance XXVII of 1981, No.F.17(I)81.Pub.in.Gaz of Pak.,extra.Pt.I dated 8-7-81.
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NNaattuurraalliizzaattiioonn RRuulleess 11996611 && 11997733
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PAKISTAN NATURALIZATION RULES, 1961 [Gaz, of Pakistan, Part 1, 24th November, 1961]
S.R.O. 1098(K)/61 In exercise of the powers conferred by section 13 of the Naturalization Act, 1926 (VII of 1926), and in supersession of the Indian Naturalization Rules, 1938, the Federal Government is hereby pleased to make the following rules, namely:
1. Short title: These rules may be called the Pakistan Naturalization Rules, 1961.
2. Definitions: In these rules, unless there is anything repugnant in the subject or context, "the Act" means the Naturalization Act, 1926 (VII of 1926).
3. Form of Application: Every application for a Certificate of naturalization shall be in Form 'A' hereto appended and shall be addressed to the Directorate General of Immigration and Passports through the Provincial Government.
4. Form of Certificate: Certificates of naturalization shall be issued in the following Forms hereto appended, namely:
(a) in Form 'B', in the case of a person who applies for a certificate of naturalization for the first time and whose children are not included in the Certificate;
(b) in Form 'C', in the case of a person who applies for a certificate of naturalization for the first time and whose children are included in the Certificate.
(c) in Form 'D', in the case of a person who had been previously granted a certificate of naturalization under the Indian Naturalization Act, 1852, and applies for one under the Act and whose children are not included in the certificate;
(d) in Form 'E', in the case of a person who had been previously granted a certificate of naturalization under the Indian Naturalization Act, 1852, and applies for one under the Act and whose children are included in the certificate.
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5 Issue of Certificate: Certificates of naturalization shall be issued by the Directorate General, Immigration and Passports and shall be sent to the Provincial Government for delivery to the applicant.
6 Recording of Certificates:
Every certificate of naturalization granted under the Act and every oath of allegiance relating to such certificate shall be recorded in a register in Form 'F' hereto appended, in the Directorate General of Immigration and Passports.
7 Declaration of Pakistan Citizenship by a wife
A declaration of Pakistan Citizenship by a wife of a person to whom a certificate of naturalization is granted under sub section(l) of section 7 of the Act, shall be made in Form 'G' hereto appended. Such declaration shall be made before any Magistrate. The Magistrate shall forward a copy of such declaration for record to the Directorate General of Immigration and Passports through the Provincial Government.
8 Declaration of Alienage;
Declarations of alienage shall be made in the following Forms appended hereto, namely: In Form “H” where the declaration of alienage is made by children on attaining majority. In Form “I” where the declaration of alienage is made by a wife or a widow.
9 Persons before whom declarations may be made and their recording: Declarations of alienage may be made before any Magistrate. The Magistrate before whom a declaration of alienage is made under subsection (1) of section 10 of the Act shall grant to the person making the declaration a certified copy of the declaration and shall forward the declaration in original together with the affidavit relating thereto to the Directorate General Immigration and Passports through the Provincial Government.
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10 Registration of Declaration of Alienage:
Every declaration of alienage shall be recorded in a register in Form 'J' hereto appended, in the Directorate General of Immigration and Passports.
11 Oath of Allegiance:
The oath of allegiance required by section 6 of the Act shall be taken and subscribed before a Magistrate in Form 'K' hereto appended. The Magistrate shall, after filling in and signing the Certificate in Form ‘K’, forward the document to the Provincial Government for transmission to the Directorate General of Immigration & Passports. He shall also fill in and sign the certificate, included in the certificate of naturalization of the oath having been taken and subscribed.
12. Fee. The following fee shall be imposed :-
The matter for which the fees The amount of the Fee shall be imposed
The issue of a Certificate of naturalization to a woman who was a citizen of Pakistan previous to her marriage to husband not a citizen of Pakistan and who has since died, or whose marriage has been dissolved. Rs.10.00
The issue of a certificate of naturalization in other cases *Rs.1500.00
Note : Rs.750.00 shall be deposited at the time of application and remaining Rs.750.00 at the time oath of allegiance.
This issue of Certificate by a Magistrate under Section 12(2) of the Act. Rs.10.00 The issue of Certificate copy of any declaration or Certificates issued under the Act with or without a copy of oath. Rs.15.00
* SRO NO.251(I)/2002 dated 9th May, 2002.
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APPENDIX FORM ‘A’ (See Rule 3) Application for a certificate of naturalization under the Naturalization Act, 1926
1. Full name of applicant …………………………………………………………...... (block letters) 2. Address in full ……………………………………………………………………... 3. Trade or occupation ……………………………………………………………….. 4. (a) Place and (b) date of birth ……………………………………………………... 5. (a) Nationality ……………………………………………………………… (b) Whether the applicant: i. the subject of any State in Europe or America; or ii. the subject of any State in which a citizen of Pakistan is prevented by or under any law from becoming as subject by naturalization. 6. Principal language of Pakistan known and extent of knowledge thereof ……………………………………………………………………………………… 7. Whether married, single, widower or widow 8. Full name of wife or husband 9. If a woman, nationality before marriage 10. If a woman who was a citizen of Pakistan previous to her marriage, whether her husband has died or whether her marriage has been dissolved. 11. Full name and nationality of parents. 12. (a) Period of residence in Pakistan (b) Period of employment in the service of Pakistan. 13. Names and addresses of persons whose certificates as to character of applicant have been attached to application…………………………………………………..
14. Whether the applicant intends, if the application is granted, to reside in Pakistan or to enter or continue in the service of Pakistan.
186 15. Whether applicant has at any time previously applied for the grant of a certificate of naturalization under: (a) the British Nationality and Status of Aliens Act, 1914, or the Indian Naturalization Act, 1852; or (b) the Naturalization Act, 1926; and if so, (c) the number of date of the order of the Government on such application. 16. (a) whether any such certificate previously granted to applicant under any of the above-mentioned Acts has been revoked; and if so? (b) the number and date of the order of the Government revoking the certificate. 17. Whether the applicant requests the inclusion of his (her) minor child or children in the certificate of naturalization applied for, particulars in respect of each such child; (a) Full name of child………………………………………………………….. (b) Date of birth of child……………………………………………………….. (c) Place of birth of child………………………………………………………. (d) Place of residence of child on date of application…………………………. (e) Whether child is under control of applicant on date of application? ......
Station ………………………… Date ……………………………
Signature of Applicant
187 FORM 'B' (See rule 4) In the case of a person who applies for a certificate of naturalization for the first time and whose children are not included in the certificate. THE NATURALISATION ACT, 1926 (Certificate of Naturalisation) Whereas A, B, has applied for a certificate of naturalization, alleging with respect to himself (herself) the particulars set out below, and has satisfied the Government that the conditions laid down in the above mentioned Act for the grant of a certificate of naturalization are fulfilled in the said A, B’s cases.
Now, therefore, in pursuance of the powers conferred by the said Act, the Government hereby grants to the said A, B, this certificate of naturalization, an declares that, upon taking the oath of allegiance within the time and in the manner prescribed by the said Act, the said A, B, shall, subject to the provisions of the said Act, be deemed, when in Pakistan, to be a citizen of Pakistan and shall be entitled to all the rights, privileges and capacities to which a natural-born citizen of Pakistan is entitled, within Pakistan (excepting such rights privileges and capacities as are specified below), and shall also, within Pakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan.
(Rights, privileges and capacities by this certificate ……………) In witness whereof I have hereto subscribed my name this …………. day of ………………..19
(Signed) Director General, Immigration & Passports
PARTICULARS RELATING TO APPLICANT
(Not to be filled in by a woman who was a citizen of Pakistan previously to her marriage to a person a citizen of Pakistan and whose husband has died or whose marriage has been dissolved.
Full name ………………………………………………………. Address ……………………………………………………… Trade or occupation ……………………………………………… Place and date of birth……………………………………………. Nationality ……………………………………………………….. Married, single, widower or widow ……………………………… Name of wife or husband ………………………………………… Names and Nationality of parents ……………………………….. Character ……………………………………………………….. Principal language of Pakistan known …………………………
188 Period during which he (or she) has been residing in Pakistan or has been in the service of Pakistan immediately preceding the date of his (or her) application …………………………………………
Intention as to residence in Pakistan, or entrance or continuance in the service of Pakistan after naturalization………………………
Particulars relating to applicant to be filled in by a woman who was a citizen of Pakistan previously to her marriage to a person not a citizen of Pakistan and whose husband has died or whose marriage has been dissolved: Full name ………………………………………………………… Address ………………………………………………………….. Trade or occupation ……………………………………………… Place and date of birth …………………………………………… Nationality ……………………………………………………… Widow or whether marriage dissolved ………………………… Name and nationality of husband ……………………………… Names and Nationality of parents ……………………………… Principal language of Pakistan known …………………………
This is to certify that A, B, to whom a certificate of naturalization has been granted under section 5 of the Act, has taken the oath of allegiance prescribed in section 6 of the Act, and subscribed thereto this ……………. day of …………………… in my presence.
(Signed) Office title …………..
Note (1) Unless otherwise indicated herein, if the oath of allegiance is not taken within thirty days after the date of this certificate, the certificate shall not take effect. (2) The time for taking the oath of allegiance in this case has been extended until ………………………………………………………………..
*********
189
FORM 'C' (See rule 4)
In the case of person who applies for a certificate of naturalization for the first time and whose children are included in the certificate.
THE NATURALISATION ACT, 1926 Certificate of Naturalisation
," Whereas A, B has applied for a certificate of naturalization, alleging with respect to himself (herself) the particulars set out below, and has satisfied the Government that the conditions laid down in the above mentioned Act for the grant of certificate of naturalization are fulfilled in the said A, B’s case;
And whereas the said A, B has also applied for the inclusion in accordance with subsection (2) of section 5 of the said Act of the names of certain of his (her) children born, before the date of this certificate and being minors, and the Government is satisfied that the names of his (her) children as hereinafter set out, may properly he included.
Now, therefore, in pursuance of the powers conferred by the said Act the Government hereby grants to the said A, B. this certificate of naturalisation and declares that taking the oath of allegiance within the time and in the matter prescribed by the said Act, the said A, B shall, subject to the provisions of the said Act, be deemed, when in Pakistan , to be a citizen of Pakistan and shall be entitled to all the rights, privileges and capacities to which a natural-born citizen of Pakistan is entitled within Pakistan (excepting such rights, privileges and capacities as are specified below) and shall also within Pakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan. '
And the Government further declares that this certificate extends to the following children born before the date of this certificate and being minors of the said A., B.:
(Here insert names and dates of birth of children)
(Rights, privileges and capacities withheld by this certificate ……………………)
In witness whereof I have hereto subscribed my name this………… day of …………………19
(Signed) Director General, Immigration & Passports
190
PARTICULARS RELATING TO APPLICANT
(Not to be filled in by a woman who was a citizen of Pakistan previously to her marriage to a person not a citizen of Pakistan and whose husband has died or whose marriage has been dissolved)).
Full name ……………………………………………………. Address ……………………………………………………… Trade or occupation …………………………………………. Place and Directorate General of birth ………………………. Nationality ……………………………………………………. Marriage, single, widower or widow …………………………. Name of wife or husband………………………………………. Name and nationality of parents……………………………….. Character ………………………………………………………. Principal language of Pakistan known…………………………..
Period during which he (or she) has been residing in Pakistan or has been in the service of Pakistan immediately preceding the date of his (or her) application ………………………………………….
Intention as to residence in Pakistan, or entrance or continuance in the service of Pakistan after naturalization.
Particulars relating to applicant to be filed in by a woman who was a citizen of Pakistan previously to her marriage to person not a citizen of Pakistan and whose husband has died or house marriage has been dissolved.
Full Name…………………………………………………………. Address …………………………………………………………… Place and date of birth ……………………………………………. Nationality ………………………………………………………… Widow or whether marriage dissolved ……………………………. Name and nationality of husband…………………………………. Names and nationality of parents………………………………….. Principal language of Pakistan known……………………………….
This is to certify that A, B, to whom a certificate of naturalization ha been granted under section 5 of the Act has taken the oath of allegiance prescribed in section 6 of the Act and subscribed thereto this …………………… day of ……..in my presence.
(Signed) Office title ………….. Note (1) Unless otherwise indicate hereon, if the oath of allegiance is not taken within thirty days after the date of this certificate, the certificate shall not take effect. (2) The time for taking the oath of allegiance in this case has been extended until……………………… 191
FORM ‘D” (See rule 4)
In the case of a person who has been previously granted a certificate of naturalization under the Indian Naturalisation Act, 1852, and applies for one under the Act and whose children are not included in the certificate.
THE NATURALISATION ACT, 1926 (Certificate of Naturalisation)
Whereas, A, B, who has been previously granted certificate of naturalization under the Indian Naturalisation Act, 1852 has applied for a certificate of naturalization under the Naturalisation Act, 1926, alleging with respect to himself (herself) the particulars set out below:
And whereas the Government is satisfied that such a certificate may properly be granted.
Now, therefore, in pursuance of the powers conferred by the above mentioned Act, the Government hereby grants to the said A,B, this certificate of naturalization and declares that upon taking the oath of allegiance within the time and in the manner prescribed by the said Act the said A,B, shall subject to the provisions of the said Act be deemed, when in Pakistan, to be a citizen. of Pakistan and shall be entitled to all the rights, privileges and capacities of which a natural-born citizen of Pakistan is entitled with Pakistan (excepting such rights, privileges and capacities as are specified below) and shall also within Pakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan.
(Rights, privileges and capacities withheld by this certificate …………..) In witness whereof I have hereto subscribed my name this ………. day of ………………19
(Signed) Director General, Immigration & Passports
PARTICULARS RELATING TO APPLICANT
Full Name ……………………………………………………… (Block letter) Address ……………………………………………………… Trade or occupation ……………………………………………… Place and date of birth ……………………………………… 192 Nationality ……………………………………………………… Marriage, single, widower or widow …………………………… Name of wife or husband ………………………………………… Name and nationality of parents ………………………………… Character ………………………………………………………… Principal language of Pakistan known……………………………
Period during which he (or she) has been residing in Pakistan or has been in the service of Pakistan, or entrance or continuance in the service of Pakistan after naturalization……………………………
Intention as to residence in Pakistan, or entrance or continuance in the service of Pakistan after naturalisation ………………………………………
Date of previous naturalization ……………………………………
This is to certify that A, B, to whom a certificate of naturalization has been granted under section 5 of the Act has taken the oath of allegiance prescribed in section 6 of the Act and subscribed thereto this ……………….. day of …………….. in my presence.
(Signed) Official title …………….
Note (1) Unless otherwise indicated herein, if the oath of allegiance is not taken within thirty days after the date of this certificate, the certificate shall not take effect.
(2) The time for taking the oath of allegiance in this case has been extended until……………………………………..
193
FORM ‘E’ (See rule 4)
In the case of a person who had been previously granted a certificate of naturalization under the Indian Naturalisation Act, 1852, and whose children are included in the certificate.
THE NATURALISATION ACT, 1926 Certificate of Naturalisation
Whereas A, B who has been previously granted a certificate naturalization under the Indian Naturalisation Act, 1852, has applied for a certificate of naturalisation under the Naturalisation Act, 1926, alleging with respect of himself (herself) the particulars set out below;
And whereas the Government is satisfied that such a certificate may properly be granted;
And whereas the said A, B, has also applied for the inclusion in accordance with subsection (2) of section 5 of the said Act of the names of certain of his (her) children born before the date of this certificate and being minors, and the Government is satisfied that the names of his (her) children as hereinafter set out, may properly be included;
Now, therefore, in pursuance of the powers conferred by the above-mentioned Act the Government hereby grants to the said A, B, this certificate of natulalisation and declares that upon taking the oath of allegiance within the time and the manner prescribed by the said Act the said A, B, shall, subject to the provisions of the said Act, be deemed, when in Pakistan, to be a citizen of Pakistan and shall be entitled to all the rights, privileges and capacities to which a natural born citizen of Pakistan is entitled within Pakistan (excepting such rights; privileges und capacities as are specified below) and shall also within Pakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan.
And the Government further declares that this certificate extends to the following children born before the date of this certificate and being minors of the said A, B. (Here insert the name and dates of birth of children) (Rights, privileges and capacities withheld by this certificate …………) In witness whereof I have hereto subscribed my name this ……….. day of ………………….19
(Signed) Director General, Immigration & Passports
194
PARTICULARS RELATING TO APPLICANT
Full name …………………………………………………………. (Block letter) Address ……………………………………………………………. Trade or occupation ………………………………………………… Place and date of birth ……………………………………………… Nationality …………………………………………………………. Marriage, single, widower or widow ……………………………… Name of wife or husband………………………………………….. Name and nationality of parents …………………………………… Character ……………………………………………………………. Principal language of Pakistan known ……………………………….
Period during which he (or she) has been residing in Pakistan or has been in the service of Pakistan immediately preceding the date of his (or her) application …………………………….
Intention as t residence in Pakistan, or entrance or continuance in the service of Pakistan after naturalization ………………………….
This is to certify that A, B, to whom a certificate of naturalization has been granted under section 5 of the Act has taken the oath of allegiance prescribed in section 6 of the Act and subscribed thereto this …………. day of …………………..19……………
(Signed) Official title …………………… Note (1) Unless otherwise indicated herein, if the oath of allegiance is not taken within thirty days after the date of this certificate, the certificate shall not take effect.
(2) The time taking the oath of allegiance this case has been extended until ……………………………………..
**************
195
FORM ‘F’ (See rule 6)
Registrar of Certificate of Naturalisation and Oath of Allegiance
NATURALISATION ACT, 1926
Serial No. 1 Full name of applicant and address 2 Trade of occupation 3 Place and date of birth (where known) 4 Nationality 5 Married, single or widower (widow) 6 Full name of wife 7 Full names and ages of children 8 Full names and nationality of parents 9 Date and place of previous naturalization [where the 10 application is under subsection (2) of section 3] Date of certificate as signed and sent to Provincial 11 Government or Head of Department (Particulars as to date and place of taking of oath of 12 allegiance and actual issue of certificate (Attestation by an officer of the Ministry of the Home 13 Affairs not lower in rank than a Section Officer) Declaration of acquisition of Pakistan Citizenship by 14 wife Remarks 15
196
FORM ‘G’ (See rule 7)
Declaration of Acquisition of Pakistan Citizenship made under section 7(1) of the Naturalisation Act, 1926, by the wife of a man to whom a certificate of naturalization has been granted, shall be in the following form:
NATURALISATION ACT, 1925 Declaration of Acquisition of Pakistan Citizenship
I, A, B, of ……….. being the wife of ……….. to whom certificate of naturalization (No……..) was granted on or about ……….. hereby declare that I desire to acquire Pakistan Citizenship.
(Signed) A, B.
Made and subscribed this …………….. day of ……….before me.
(Signed) Magistrate Note (1) The period within which this declaration should be made is one year from the date of the taking and subscribing of the oath prescribed by section 6 of the Act by the husband of the person making this declaration.
(2) The time for making the declaration in this case has been extended until ………………………………………
197
FORM ‘H’ (See rule 8)
Declaration of alienage under section 10(1)(a) of the Naturalisation Act, 1926, by children on attaining their majority.
NATURALISATION ACT, 1926 Declaration of alienage by children
I, A,B, of …………. being the son (daughter) of an alien and more particularly described in the statement annexed hereto, to whom a certificate of naturalization has been granted under the above-mentioned Act and having by virtue of it acquired under subsection (2) of section 5, sub-section (2) of section 7 of the said Act the status of a citizen of Pakistan and having attained my majority on ……………….. within one year before the present date, and being of full age and not under disability do hereby renounce my status as a citizen of Pakistan in accordance with clause (a) of sub-section (1) of section 10 of the said Act.
(Signed) A, B.
Made and subscribed this ………… day of ……………before me.
STATEMENT OF PARTICULARS RELATING TO APPLICANT
Full name (Block letter)……………………………. Address……………………………………………… Trade or occupation…………………………………. Place and date of birth……………………………….. Marriage, single, widower or widow……………………. Name of wife or husband………………………………. Names of parents ……………………………………… Nationality of parents before naturalisation ……………….. Reference to orders regarding naturalization of parents…….. Place where and date when declaration taken………………..
198
FORM ‘I’ (See rule 8)
Declaration of alienage made under section 10(1)(b) of the Naturalisation Act, 1926, by wife or widow.
NATURALISATION ACT, 1926 Declaration of alienage by wife or widow
I, A, B, of …………….. being the wife of an alien and more particularly described in the statement been granted under the above-mentioned Act and by virtue of it acquired under subsection (1) (2) of section 7 of the said Act the status of a citizen of Pakistan.
But the certificate granted to my husband having been revoked under section 8 of the said Act but my husband having died but my marriage having been dissolved on ……………. within six months before the present date and not being under disability I do hereby renounce my status as a citizen of Pakistan in accordance with clause (b) of subsection (1) of section 10 of the said Act.
(Signed) A, B. Made and subscribed this ………day of ………… before me.
(Signed) Magistrate
STATEMENT OF PARTICULARS RELATING TO THE APPLICANT
Full name (Block letters)………………………………….. Address …………………………………………………... Trade or occupation ………………………………………. Place and date of birth ……………………………………. Marriage, or widow / divorced …………………………… Name of wife or husband ………………………………… Nationality of applicant before naturalisation …………….. Names of parents …………………………………………. Reference to orders regarding naturalisation of husband …… Place where and date when declaration taken ……………….
199
FORM ‘J’ (See rule 10)
Registrar of Declaration of Alienage NATURALISATION ACT, 1926
Serial No. 1 Full name of applicant and address 2 Trade of occupation 3 Place and date of birth (where known) 4 5 Nationality parents before naturalisation applicant Names of parents 6 Married, single widower or widow 7 Reference to order regarding naturalisation parents 8 applicant Place of where and date when declaration taken 9 Attestation by Magistrate 10 Remarks 11
FORM ‘K’ (See rule 11)
I, A.B. of ………………….. do hereby swear (or affirm) that I will bear faith and allegiance to Pakistan.
(Signed) A.B.
Sworn (or affirmed) and subscribed this ……………….. day ………. before me.
(Signed) (Official title …………..)
200
THE NATURALISATION RULES, 1973 [14th September, 1973]
Notification No.S.R.O. 1351. (l)/73-In exercise of the powers conferred under section 13 of the Naturalization Act, 1926 (VII of 1926), the Federal Government is pleased to direct that the following amendments shall be made in the Pakistan Naturalization Rules, 1961 namely: In the aforesaid Rules:
(1) for the words "Central Government" where occurring, the words "Federal Government" shall be substituted; and
(2) for rule 12 the following shall be substituted, namely: "12. Fees- The following fees shall be imposed:
The matter for which the fees The amount of the Fee shall be imposed
The issue of a Certificate of naturalization to a woman who was a citizen of Pakistan previous to her marriage to husband not a citizen of Pakistan and who has since died, or whose marriage has been dissolved. Rs.10.00
The issue of a certificate of naturalization in other cases *Rs.1500.00
Note : Rs.750.00 shall be deposited at the time of application and remaining Rs.750.00 at the time oath of allegiance.
This issue of Certificate by a Magistrate under Section 12(2) of the Act. Rs.10.00 The issue of Certificate copy of any declaration or Certificates issued under the Act with or without a copy of oath. Rs.15.00 * SRO NO.251(I)/2002 dated 9th May, 2002.
201
PPaakkiissttaann CCiittiizzeennsshhiipp AAcctt 11995511
202 THE PAKISTAN CITIZENSHIP ACT, 1951 1[ACT NO. II OF 1951] [13th April, 1951]
An Act to provide for Pakistan citizenship
Whereas it is expedient to make provision for citizenship of Pakistan;
It is hereby enacted as follows—
1. Short title and commencement. (1) This Act may be called the Pakistan Citizenship Act, 1951. (2) It shall come into force at once.
2. Definitions. In this Act:— "alien" means a person who is not a citizen of Pakistan or a Commonwealth citizen;
"Indo-Pakistan sub continent" means India as defined2 in the Government of India Act, 1935, ( 26Geo.5,c.2.) as originally enacted;
"minor" means, notwithstanding anything in the Majority Act, 1875;(IX of 1875), any person who has not completed the age of twenty-one years;
1 This Act shall, during the continuance of the Defence of Pakistan Ordinance 1971. ( 30 of 1971 ), have effect subject to the provision of section 7 (4) of that Ordinance.
For Statement of Objects and Reasons, see Gazette of Pakistan, 1951, Pt.V, pp.45-46.
The Act has been applied to the Chittagong Hill-tracts and to the partially excluded areas of the Mymensing district with effect from the 25th October, 1951, see Dacca Gazette, 1951, Pt. I, p.1146 It has also been brought into force in Baluchistan with effect on and from the 13th day of April 1951, see Gazette of Pakistan, 1952, Pt. I, p. 218; applied in the Federated Areas of Baluchistan see ibid., 1953, Pt. I, p. 152; extended to the Leased Areas of Baluchistan by the Leased Areas (Laws)Order, 1950(G.G.O. 3 of 1950) ; extended to the Khairpur State by the Khairpur (Federal Laws) (Extension) Order, 1953 (G.G.O. 5 of 1953) ; extended to the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953); extended to the Slate of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G.G.O. 11 of 1953), as amended ; and also brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960), s. 2.
2Section 311 (1) which read as follows :—
“ ‘India’ means British India together with all territories of any Indian Ruler under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian Ruler, the tribal areas, and any other territories which His Majesty in Council may, from time to time, after ascertaining the views of the Federal Government and the Federal Legislature, declare to be part of India.”
203 "prescribed" means prescribed by rules made under this Act : 1 ; 2"["Commonwealth citizen" means a person who has the status of a Commonwealth citizen under the 3British Nationality Act, 1848;( 11 & 12, Geo.6,c.56.) ;
"British protected person" means a person who has the status of a British protected person4 for the purposes of the British Nationality Act, 1848]. ;( 11 & 12, Geo.6,c.56.) ;
3. Citizenship at the date of commencement of this Act,__At the commencement of this Act every person shall be deemed to be a citizen of Pakistan—
(a) who or any of whose parents or grandparents was born in the territory now included in Pakistan and who after the fourteenth day of August, 1947, has not been permanently resident in any country outside Pakistan; or
(b) who or any of whose parents or grandparents was born in the territories included in India on the thirty-first day of March, 1937, 5[and who, except in the case of a person who was in the service of Pakistan or of any Government or Administration in Pakistan at the commencement of this Act, has] or had his domicile within the meaning of Part II of the Succession Act, 1925, as in force at the commencement of this Act, in Pakistan or in the territories now included in Pakistan; or
(c) who is a person naturalized as a British subject in Pakistan; and who, if before the date of the commencement of this Act he has acquired the citizenship of any foreign State, has before that date
1The word "and" omitted by the Pakistan Citizenship (Amendment) Act, 1952 (5 of 1952),s.2.
2Subs, ibid, for the original definition of "Commonwealth citizen". Section.1 which reads as follows :—
"1 .—-(i) Every person who under this Act is a citizen of the United Kingdom and Colonies or who under any enactment for the time being in force in any country mentioned in sub-section (3) of this section is a citizen of that country shall by virtue of that citizenship have the status of a British subject.
(2) Any person having the status aforesaid may be known either as a British subject or as a Commonwealth citizen; and accordingly in this Act and in any other enactment or instrument whatever, whether passed or made before or after the commencement of this Act, the expression "British subject" and the expression "Commonwealth citizen" shall have the same meaning.
(3) The following are the countries herein before referred to that is to say, Canada, Australia, New Zealand, the Union of South Africa, New foundland, India, Pakistan, Southern Rhodesia and Ceylon."
4 "British protected person" means a person who is a member of a class of persons declared by Order in Council made in relation to any protectorate, protected state, mandated territory or trust territory to be for the purposes of this Act British protected persons by virtue of their connection with that protectorate, state or territory ;".
5Subs, by the Pakistan Citizenship (Amendment) Act, 1952 (5 of 1952), s. 3, for “and Has”
204 renounced the same by depositing a declaration in writing to that effect with an authority appointed or empowered to receive it; 1[ or
1[(d) who before the commencement of this Act migrated to the territories now included in Pakistan from any territory in the Indo-Pakistan subcontinent outside those territories with the intention of residing permanently in those territories].
2{* * * • * *]
4. Citizenship by birth. Every person born in Pakistan after the commencement of this Act shall be a citizen of Pakistan by birth:.
Provided that a person shall not be such a citizen by virtue of this section if at the time of his birth:—
(a) his father possesses such immunity from suit and legal process as is accorded to an envoy of an external sovereign power accredited in Pakistan and is not a citizen of Pakistan; or
(b) his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.
5. Citizenship by descent. Subject to the provisions of section 3 a person born after the commencement of this Act, shall be a citizen of Pakistan by descent if his 3[Parent] is a citizen of Pakistan at the time of his birth:
Provided that if the 3[Parent] of such person is a citizen of Pakistan by descent only, that person shall not be a citizen of Pakistan by virtue of this section unless:—
(a) that person's birth having occurred in a country outside Pakistan the birth is registered at a Pakistan Consulate or Mission in that country, or where there is no Pakistan Consulate or Mission in that country 4[at the prescribed Consulate or Mission or] at a Pakistan Consulate or Mission in the country nearest to that country; or
(b) that person's 3[Parent] is, at the time of. the birth, in the service of any Government in Pakistan.______1The word “or” and clause (d) ins., ibid. 2 Provisio omitted, ibid. 3Subs. For “Father” vide Ordinance No.XIII of 2000 dated 18-4-2000. 4Ins, by the Pakistan Citizenship (Amendment) Act, 1952 (5 of 1952), s.
205
6. Citizenship by migration. (1) The 1[Federal Government] may, upon his obtaining a certificate of domicile under this Act, register as a citizen of Pakistan by migration any person who 2[ after the commencement of this Act and before the first day of January, 1952, has migrated] to the territories now included in Pakistan from any territory in the Indo-Pakistan sub continent outside those territories, with the intention of residing permanently in those territories: Provided that the 1[Federal Government] may, by general or special order, exempt any person or 3class of persons from obtaining a certificate of domicile required under this sub-section.
(2) Registration granted under the preceding sub-section shall include, besides the person himself, his wife, if any, unless his marriage with her has been dissolved, and any minor child or his dependent whether wholly or partially upon him.
7. Persons migrating from the territories of Pakistan. Notwithstanding anything in sections 3,4 and 6, a person who has after the first day of March, 1947, migrated from the territories now included in Pakistan to the territories now included in India shall not be a citizen of Pakistan, under the provisions of these sections:
Provided that nothing in this section shall apply to a person who, after having so migrated to the territories now included India has returned to the territories now included in Pakistan under a permit for resettlement or permanent return issued by or under the authority of any law for the time being in force.
8. Rights of citizenship of certain persons resident abroad 4[(1)] The 1[Federal Government] may, upon application made to it in this behalf, register as a citizen of Pakistan any person who, or whose father or whose father's father, was born in the Indo-Pakistan sub continent and who is ordinarily resident in a country outside Pakistan at the commencement of this Act, if he has, unless exempted by the Federal Government in this behalf, obtained a certificate of domicile:
Provided that a certificate of domicile shall not be required in the case of any such person who is out of Pakistan under the protection of a Pakistan passport, or in the case of any such person whose father or whose father's father is at the commencement of this Act residing in Pakistan or becomes, before the aforesaid application is made, a citizen of Pakistan. 1Subs, by the Pakistan Citizenship (Amendment) Act, 1973 (48 of 1973), s. 3, for "Central Government 2Subs, by Act of 1952, s. 5, for " before the commencement of this Act migrated ". 3AII Government servants including optees coming from the late Government of Jndia,, shall as a class be exempt from obtaining the certificate of domicile, see Gazette of Pakistan, Pt. S, p. 113. 4 Sect-8 renumbered as sub-section (1) of that section by the Pakistan Citizenship ( Amendment ) Act, 1973 ( 48 ) of 1973 ), s.2. 206 2) 1[A subject of the State of Jammu and Kashmir who, being under the protection of a Pakistan passport, is resident in the United Kingdom or such other country as the 2[Federal Government] may, by notification in the official Gazette, specify in this behalf, shall, without prejudice to his rights and status as a subject of that State, be deemed to be, and to have been, a citizen of Pakistan.]
9. Citizenship by naturalization. The 2[Federal Government] may, upon an application made to it in that behalf by any person who has been granted a certificate of naturalization under the Naturalization Act, 1926, VII of 1926 register that person as a citizen of Pakistan by naturalization: Provided that the 2[Federal Government] may register any person as a citizen of Pakistan without his having obtained a certificate of naturalization as aforesaid.
10. Married women. (1) Any woman who by reason of her marriage to a 3[British subject] before the first day of January, 1949, has acquired the status of a "3[British subject] shall, if her husband becomes a citizen of Pakistan, be a citizen of Pakistan.
(2) Subject to the provisions of sub-section (1) and sub-section (4) a woman who has been married to a citizen of Pakistan or to a person who but for his death would have been a citizen of Pakistan under section 3,4 or 5 shall be entitled, on making application therefor to the 2[Federal Government] in the prescribed manner, and, if she is an alien, on obtaining a certificate of domicile and taking the oath of allegiance in the form set out in the Schedule to this Act, to be registered as a citizen of Pakistan whether or not she has completed twenty-one years of her age and is of full capacity. (3) Subject as aforesaid, a woman who has been married to a person who, but for his death, could have been a citizen of Pakistan under the provisions of subsection (1) of section 6 (whether he migrated as provided in that sub-section or is deemed under the proviso to section 7 to have so migrated) shall be entitled as provided in sub-section (2) subject further, if she is an alien, to her obtaining the certificate and taking the oath therein mentioned. (4) A person who has ceased to be a citizen of Pakistan under section 14 or who has been deprived of citizenship of Pakistan under this Act shall not be entitled to be registered as a citizen thereof under this section but may be so registered with the previous consent of the 2[Federal Government].______1 Added by Pakistan Citizenship ( Amendment ), Act 1973. 2 Subs, by the Pakistan Citizenship (Amendment) Act, 1973 (48 of 1973), s. 3, for "Central Government 3 Subs. by Pakistan Citizenship ( Amendment ) Act, 1952 (5 of 1952),s.6, for “Common Wealth Citizen”
207 11. Registration of minors. (1) The 1[Federal Government] may, upon application to it in this behalf made in the prescribed manner by a parent or guardian of a minor child of a citizen of Pakistan, register the child as a citizen of Pakistan.
(2) The 1[Federal Government] may in such circumstances as it thinks fit, register any minor, as a citizen of Pakistan.
12 Citizenship by registration to begin on date of registration. Any person registered as a citizen of Pakistan shall be such a citizen from the date of his registration.
13. Citizenship by incorporation of territory. If any territory becomes a part of Pakistan the 2[President] may, by order, specify the person who shall be citizens of Pakistan by reason of their connection with that territory; and those persons shall be citizens of Pakistan from such date and upon conditions, if any, as may be specified in the order.
14. Dual citizenship or nationality not permitted. (1) Subject to the provisions of this section if any person is a citizen of Pakistan under the provisions of this Act, and is at the same time a citizen or national of any other country, he shall, 3unless [* * *] he makes a declaration according to the laws of that other country renouncing his status as citizen or national thereof, cease to be a citizen of Pakistan. . ' 4[(1A) Nothing in sub-section (1) applies to a person who has not attained twenty- one years of his age:] . (2) Nothing in 5[sub-section (1)] shall apply to any person who is a subject of an Acceding State so far as concerns his being a subject of that State.
6[(3) Nothing in sub-section (1) shall apply, or shall be deemed ever to have applied at any stage, to a person who being, or having at any time been, a citizen of Pakistan, is also the citizen of the United Kingdom and Colonies or of such other country as the Federal Government may, by notification in the official Gazette, specify in this behalf.
(4) Nothing in sub-section (1) shall apply to a female citizen of Pakistan who is married to a person who is not a citizen of Pakistan].______1 Subs, by the Pakistan Citizenship (Amendment) Act, 1973 (48 of 1973), s. 3, for "Central Government 2 Subs, by A.O.1961, Art.2,for “Governor-General” (with effect from the 23rd March 1956). 3 The words “within one year of the commencement of this Act or within six months of attaining twenty-one years of age, which ever is later” ‘omitted by the Pakistan Citizenship ( Amendment ) Act, 1952 (5) of 1952), s. 7. 4 Sub-section ( 1A ) ins.,ibid. 5 Subs, ibid., for “this section”. 6 Sub-sections ( 3 )and (4) added by the Pakistan Citizenship( Amendment ) Act, 1972 ( 17 of 1972 ), s.2. 208 1[14-A. Renunciation of citizenship. (1) If any citizen of Pakistan residing outside Pakistan, who is not a minor and— (a) is also a citizen or national of another country, or
(b) has been given by the competent authority of another country any valid document assuring him of the grant of the citizenship or nationality of that other country upon renouncing his citizenship of Pakistan,
makes in the prescribed manner a declaration renouncing his citizenship of Pakistan, the declaration shall be registered by the prescribed authority; and upon such registration that person shall cease to be a citizen of Pakistan:
Provided that, if any such declaration is made during any war in which Pakistan may be engaged, registration thereof shall be withheld until the Federal Government otherwise directs. (2) Where a male person ceases to be a citizen of Pakistan under sub-section (1)--- (a) every such minor child of that person as is residing outside Pakistan shall thereupon cease to be a citizen of Pakistan:
Provided that any such child may, within one year of his completing the age of twenty-one years, make a declaration that he wishes to resume the citizenship of Pakistan and shall upon the making of such declaration become a citizen of Pakistan ; and
(b) every such minor child of that person as is residing in Pakistan shall continue to be a citizen of Pakistan.]
2[14-B. Certain persons to be citizens of Pakistan. A person who being a subject of the State of Jammu and Kashmir, has migrated to Pakistan with the intention of residing therein until such time as the relationship between Pakistan and that State is finally determined, shall, without prejudice to his status as such subject, be a citizen of Pakistan.]
15. Persons becoming citizens to have the status of Common wealth citizens. Every person becoming a citizen of Pakistan under this Act shall have the status of a Commonwealth citizen.______
1.Sec.14A ins.by the Pakistan Citizenship ( Amendment ) Act, 1972. 2.Ins.and shall be deemed to have been so ins.on the 20th day of April, 1972, by the Pakistan Citizenship ( Second Amendment ) Act, 1973.
209 16. Deprivation of citizenship. (1) A citizen of Pakistan shall cease to be a citizen of Pakistan if he is deprived of that citizenship by an order under the next following sub-sections.
(2) Subject to the provisions of this section the 1[Federal Government] may by order deprive any such citizen of his citizenship if it is satisfied that he obtained his certificate of domicile or certificate of naturalization 2[under the Naturalization Act, 1926] by means of fraud, false representation or the concealment of any material fact, or if his certificate of naturalization is revoked
(3) Subject to the provisions of this section the 1[Federal Government] may by order deprive any person who is a citizen of Pakistan by naturalization of his citizenship of Pakistan if it is satisfied that the citizen— (a) has shown himself by any act or speech to be disloyal or disaffected to the Constitution of Pakistan; or (b} has, during a war in which Pakistan is or has been engaged, unlawfully traded or communicated with the enemy or engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist the enemy in that war; or (c) has within five years of being naturalized been sentenced in any country to imprisonment for a term of not less than twelve months.
(4) The 1[Federal Government] may on an application being made or on its own motion by order deprive any citizen of Pakistan of his citizenship if it is satisfied that he had been ordinarily resident in a country outside Pakistan for a continuous period of seven years 2[beginning not earlier than the commencement of this Act] and during that period has neither—
(i) been at time in the service of any Government in Pakistan or of an international organization of which Pakistan has, at any time during that period been a member; nor
(ii) registered annually in the prescribed manner at a Pakistan Consulate or Mission or in a country where there is no Pakistan Consulate or Mission '[at the prescribed Consulate or Mission or] at Pakistan Consulate or Mission in a country nearest to the country of his residence his intention to retain Pakistan citizenship.______1 Subs, by the Pakistan Citizenship (Amendment) Act, 1973 (48 of 1973), s. 3, for "Central Government 2 Ins by the Pakistan Citizenship ( Amendment ) Act, 1952.
210 (5) The 1[Federal Government] shall not make an order depriving a person of citizenship under this section unless it is satisfied that it is in the public interest that person should not continue to be a citizen of Pakistan.
(6) Before making an order under this section the 1[Federal Government] shall give the person against whom it is proposed to make the order notice in writing informing him of the grounds on which it is proposed to make order and calling upon him to show cause why it should not be made.
(7) If it is proposed to make the order on any of the grounds specified in sub- sections (2) and (3) of this section and the person against whom it is proposed to make the order applies in the prescribed manner for an inquiry, the 1[Federal Government] shall, and in any other case may, refer the case to a committee of inquiry consisting of a Chairman, being a person possessing judicial experience, appointed by the 1[Federal Government] and of such other members appointed by the 1[Federal Government] as it thinks proper.
2[l6-A. Certain persons to Lose and others to retain citizenship: (1) All persons who, at any time before the sixteenth day of December, 1971, were citizens of Pakistan domiciled in the territories which before the said day constituted the Province of East Pakistan and who:
(i) were residing in those territories on that day and are residing therein since that day voluntarily or otherwise shall cease to be citizens of Pakistan;
(ii) were residing in Pakistan on that day but after that day voluntarily migrated to those territories shall cease to be citizens of Pakistan;
(iii) were residing in Pakistan on that day and are voluntarily residing therein since that day .shall continue to be citizens of Pakistan;
(iv) were residing in those territories on that day but voluntarily came to Pakistan after that day with he approval of the Federal Government shall continue to be citizens of Pakistan:
Provided that any person referred to in clause (i) whose repatriation to Pakistan has been agreed to by the Federal Government and who have not been so repatriated before the commencement of Pakistan Citizenship (Amendment) Ordinance, 1978, .shall continue to be citizens of Pakistan.
(2) Any person who, at any time before the sixteenth day of December, 1971, was a citizen of Pakistan domiciled in the territories which before the said day constituted the Province of East Pakistan and who, being under the protection of Pakistan passport, was on that day, or is, residing in any country beyond those territories shall not be deemed to be a citizen of Pakistan unless, upon an application made by him to the Federal Government in this behalf, the Federal Government has granted him a certificate that at the date of the certificate he is a citizen of Pakistan.]___
1 Subs, by the Pakistan Citizenship (Amendment) Act, 1973 (48 of 1973), s. 3, for "Central Government 2 Ins vide Ord.XI of 1978 (No.F.24(1)78,Pub) in Gazette of Pakistan Extd.Pt.I dated 18th March, 1978.[ PLD 1978 Cent.St.p.74] 211 17. Certificate of domicile. The 1[Federal Government] may upon an application being made to it in the prescribed manner containing the prescribed particulars grant a certificate of domicile to any person in respect of whom it is satisfied that he has ordinarily resided in Pakistan for a period of not less than one year immediately before the making of the application, and has acquired a domicile therein.
18. Delegation of powers. The 1[Federal Government] may, by order notified in the official Gazette, direct that any power conferred upon it or duty imposed on it by this Act shall, in such circumstances, and under such conditions, if any, as may be specified in the direction, be exercised or discharged by such authority or officer as may be specified.
19. Cases of doubt as to citizenship. (1) Where a person with respect to whose citizenship a doubt exists, whether on a question of law or fact makes application in that behalf to the 1[Federal Government], the 1[Federal Government] may grant him a certificate that at the date of the certificate he is a citizen of Pakistan.
(2) The certificate, unless it is proved to have been obtained by fraud, false representation or concealment of any material fact, shall be conclusive evidence of the fact recorded in it.
20. Acquisition of Pakistan citizenship by citizens of Common wealth countries. The 1[Federal Government] may upon such terms, and 2conditions as it may by general or special order 3specify register a 4[Commonwealth citizen or a British protected person] as a citizen of Pakistan.
21. Penalties. Any person who in order to obtain or prevent the doing of anything under the Act makes any statement or furnishes any information which is false in any material particular and which he knows or has reasonable cause to believe to false, or does not believe to be true, shall be deemed to have committed an offence punishable under section 177 of the Pakistan Penal Code.
1 Subs, by the Pakistan Citizenship (Amendment) Act, 1973 (48 of 1973), s. 3, for "Central Government 2 For notification prescribing the conditions for submission of Applications by common wealth citizens of Pakistan Citizenship, see Gazette of Pakistan, 1960, Ext., p.379. 3 For such an order, see ibid. 4 Subs. by the Pakistan Citizenship( Amendment ) Act, 1952 ( 5 of 1952), s.9,for “ citizen of a Commonwealth country”.
212 22. Interpretation. (1) For the purposes of this Act a person born abroad a registered ship or aircraft, or abroad an unregistered ship or aircraft of the Government of any country shall be deemed to have been born in the place in which the ship or aircraft was registered or as the case may be in that country.
(2) Any reference in this Act to the status or description of the father of a person at the time of that persons' birth shall, in relation to a person born after the death of his father be construed as a reference to the status or description of the father at the time of the father's death; and where that death occurred before, and the birth occurs after the commencement of this Act, the status or description which would have been applicable to the father had he died after the commencement of this Act shall be deemed to be the status or description applicable to him at the time of this death.
23. Rules. (1) The 1[Federal Government] may frame 2rules for carrying into effect the provisions of this Act.
(2) No rules framed under this Act shall have effect unless published in the official Gazette. SCHEDULE (Form of Oath or Affirmation) (See section 10)
I (name) of (address) do hereby swear-(or affirm) that I will be faithful and bear true allegiance to the Constitution of Pakistan."______1 Subs, by the Pakistan Citizenship (Amendment) Act, 1973 (48 of 1973), s. 3, for "Central Government 2 For the Pakistan Citizenship Rules 1952, see Gazette of Pakistan, 1952, Ext.,pp.57-90.
213
PPaakkiissttaann CCiittiizzeennsshhiipp RRuulleess 11995522
214
THE PAKISTAN CITIZENSHIP RULES, 1952
Notification No. ll/42/51-Poll.(l), dated the 6th February, 1952. In exercise of the powers conferred by section 23 of the Pakistan Citizenship Act, 1951 (II of 1951), the Federal Government is pleased to frame the following rules:-
1. Short title. (1) These rules shall be called the Pakistan Citizenship Rules, 1952.
(2) They shall come into force at once.
2. Definitions. In these Rules:
"Act" means the Pakistan Citizenship Act, 1951.
*[“authorized officer” means an officer authorized notified as such by the Federal Government or a Provincial Government to exercise the powers and perform functions assigned to him under these rules.]
"Provincial Government" includes the Chief Commissioner of Balochistan, the Administrator of Karachi, and the Governments of Acceding States.
"British Missions or Consulates" mean such British Missions or Consulates as are exercising functions on behalf of Pakistan.
3. Citizenship at the date of commencement of the Act. Any person claiming citizenship of Pakistan at the commencement of the Act may be granted a certificate by the Provincial Government in the manner herein after prescribed—
a) Any person claiming citizenship under clause (a) of section 3 of the Act shall apply in Form 'A' in duplicate to a an authorized officer**. This application shall be supported by a certificate of birth of the applicant or any of his parents or grandparents, as the case may be, issued by-
* Added vide S.R.O No.115(I)2002 dated 20-2-2002. ** Subs for the words “ Magistrate of the first class” vide S.R.O No.115(I)2002 dated 20-2-2002.
(i) a village officer or an officer-in-charge of a Police Station,
(ii) a Municipal or Town Committee or Corporation, or 215 (iii) a Registrar of Births and Deaths appointed under the Births, Deaths and Marriages Registration Act, 1886 (VI of 1886).
(b) The *authorized officer shall in attestation of the truth of the statement in the application, administer an oath or affirmation to the applicant and shall examine the evidence, oral or documentary, adduced by the applicant in support of his claim. He may, if he thinks it necessary, summon and examine any witnesses likely to know the facts of the application and may call for any records relevant to it.
(c) If the *authorized officer is satisfied that the applicant is entitled to citizenship under clause (a) of section 3 of the Act, he shall recommend to the Provincial Government that a certificate of citizenship in Form 'A-I' be granted.
.(d) The Provincial Government shall pass such orders on the recommendation as it deems fit
4. 1[Any person claiming citizenship of Pakistan under clause (b) of section 3 may be granted a certificate by the Provincial Government in the manner hereinafter prescribed—
(1) He shall apply in Form 'A' in duplicate to a an **authorized officer. Each form shall be accompanied by a certificate of birth as provided in clause (a) of rule 3 and by a certificate of domicile issued under rule 23, provided that a certificate of domicile shall not be required from a person who was in the service of any Government or Administration in Pakistan at the commencement of the Act.]
(2) The *authorized officer shall in attestation of the truth of the statement in the application, administer an oath or affirmation to the applicant.
(3) He shall examine any witnesses produced by the applicant and may summon any other witnesses likely to know the facts of the application and may call for any records relevant to it. (4) If the *authorized officer is satisfied that the applicant is entitled to citizenship under cause (b) of section 3 of the Act, he shall recommend to the Provincial Government that a certificate of citizenship in Form 'A-I' be granted. (5) The Provincial Government shall pass such orders on the recommendation as it deems fit.______* Subs for the word “Magistrate” vide S.R.O No.115(I)2002 dated 20-2-2002.
** Subs for the words “Magistrate of the first class” vide S.R.O No.115(I)2002 dated 20-2-2002. 1 Subs.,for sub rule (1), by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18.
5. (1) Any person claiming citizenship under clause (e) of section 3 shall apply in Form 'A' in triplicate to the Provincial Government.
216 (2) Each form shall be attested by the *authorized officer and shall be accompanied by an attested copy of the certificate of 1[naturalization].
(3) The Provincial Government may, after making such enquiry as it deems fit and after examining the evidence required by rule 19, recommend to the Federal Government that a certificate of citizenship in Form 'A-I' be granted.
(4) The Federal Government shall pass such orders on the recommendation as it deems fit.
6. 2[Any person claiming the citizenship under clause (d) of section 3 of the Act may be granted a certificate by the Provincial Government in the manner hereinafter prescribed— (1) He shall apply in Form 'A' in duplicate to a ** an authorized officer. (2) The *authorized officer shall in attestation of the truth of the statement in the application, administer an oath or affirmation to the applicant. (3) He shall examine any witnesses produced by the applicant and may summon any other witnesses likely to know the facts of the application and may call for any records relevant to it. (4) If the *authorized officer is satisfied that the applicant is entitled to citizenship under clause (d) of section 3 of the Act, he shall recommend to the Provincial Government that a certificate of citizenship in Form 'A-I' be granted. (5) The Provincial Government shall pass such orders on the recommendation as it deems fit] 7. 3[x x x x x x x.]
8. Citizenship by birth. ***[(1) Any person claiming citizenship under section 4 of the Act shall apply in Form .'B' in duplicate to a authorized officer in the District where he was born or, if for any reason beyond his control it is not possible for him to apply to such officer, to the authorized officer, in the District where he is residing at the time of making the application.]
1 Subs.,for “Naturalization”, by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18. 2 Subs.,for sub rule (1), by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18. 3 Rule 7 omitted vide Notification No.11/62-52/Poll(1), dated 23-4-1953, see Gaz.of P., 1953, pt.I,pp.117-18. * Subs for the word “Magistrate” vide S.R.O No.115(I)2002 dated 20-2-2002. ** Subs for the words “Magistrate of the first class” vide S.R.O No.115(I)2002 dated 20-2-2002. *** vide S.R.O No.115(I)2002 dated 20-2-2002.
217 (2) Each form shall be accompanied by—
(a) a certificate of birth issued by a village officer or an officer-in-charge of a Police Station or a Municipal or Town Committee or Corporation, or a Registrar of Births and Deaths appointed under the Births, Deaths and Marriages Registration Act, 1886 (VI of 1886).
(b) If the applicant is below the age of 21 years, a statement by his parent or guardian recorded on oath.
(3) If the *authorized officer after making such inquiry as may be necessary, is satisfied that the facts stated in the application are correct, he shall recommend to the Provincial Government that a certificate in Form 'R-l' be granted. (4) The Provincial Government shall pass such orders on the recommendation as it deems fit.
9. Citizenship by descent. (1) Any person claiming citizenship by descent under section 5 of the Act shall apply in Form 'B' to the Provincial Government of the area in which he has his domicile of origin as defined in Part II of the Succession Act, 1925 (XXXIX of 1925).
(2) Such application shall be in triplicate and such form shall be accompanied by- (a) a certificate of citizenship of Pakistan granted to his 1[Parent] and (b) evidence establishing his relationship with his 1[Parent]:
Provided that where the certificate of citizenship indicates that the 1[Parent] is a citizen of Pakistan by descent only, then one of the following additional documents shall also be produced --
(i) Either a certificate of registration of birth at a Pakistan Mission or Consulate in the country where the applicant was born, or where there is no Pakistan Mission or Consulate in that country 2[at the prescribed Mission or Consulate or], at a Pakistan Mission or Consulate in the country nearest to that country.
(ii) Or a certificate or documentary proof that the applicant's 1[Parent] was in the service of a Government in Pakistan at the time of the applicant's birth in that other country.______1. Subs for “father” vide SRO No.210(I)/2000 dated 18-4-2000. 2 Ins. by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18. * Subs for the word “Magistrate” vide S.R.O No.115(I)2002 dated 20-2-2002.
218 (3) The Provincial Government after making such enquiries as it deems fit may pass orders in regard to such applications, except where additional documents are required under the Proviso to sub-rule (2) in which case it shall forward the papers to the Federal Government.
(4) The Federal Government shall pass such orders on the application as it deems fit.
10. Citizenship by migration. (1) Any person claiming citizenship under section 6 of the Act shall apply in Form 'B' in duplicate to the Provincial Government. (2) Such application shall be accompanied by:— (a) an affidavit of the truth of the statements made therein; (b) a certificate of domicile under rule 23; and (c) any other evidence which proves that the applicant intended to reside permanently in Pakistan, and that he has migrated to Pakistan 1[after the 13th April, 1951 but before the first day of January, 1952.J
(3) The Provincial Government, after such inquiries as it may consider necessary, shall pass such orders on the application as it deems fit. (4) Where the applicant, for reasons to be recorded in writing, claims exemption from obtaining a certificate of domicile, he shall request the Provincial Government to forward the application to the Federal Government. (5) The Provincial Government shall, on a request made under the foregoing sub-rule, forward the application to the Federal Government together with its own recommendation. (6) The Federal Government shall pass such orders on the recommendation as it deems fit.
(7) Any order passed by the Provincial or Federal Government under this rule shall apply to the wife of the applicant and any minor child of his dependent wholly or partially upon him, provided that the claim for citizenship for them is included initially in the application and satisfactory evidence of the applicant's marriage to the wife, and of the minor being dependent on him, is adduced to the satisfaction of Government.
1 Subs., for “ before the 13th April 1951” by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18.
219 11. Person migrating from the territories of Pakistan. (1) Any person claiming citizenship under the proviso to section 7 of the Act shall apply in Form 'C' in triplicate to the Federal Government.
(2) - Each form shall be accompanied by:—
(a) an attested copy of the permit for resettlement or permanent return;
(b) an affidavit of the truth of the statements made in the application.
(3) The Federal Government, after such inquiries as it may consider necessary, shall pass such orders on the application as it deems fit.
12. Citizenship of certain persons resident abroad. (1) Any person claiming citizenship under section 8 of the Act shall apply in triplicate in Form 'D' for registration as a citizen in the manner hereinafter provided, namely:—
(a) If he is resident in a country outside Pakistan, he shall make an application to the Pakistan Mission or Consulate in that country or where there is no Pakistan Mission or Consulate in that country 1[to a prescribed Mission or Consulate or] to a Pakistan Mission or Consulate in the country nearest to that country 2[x x x].
(b) Every application under this rule shall be accompanied:— i. by a certificate of domicile issued by @an authorized officer in Pakistan, unless the applicant is exempted by the proviso to section 8 of the Act, or
ii. where he has been unable to obtain a certificate, by a statement on oath explaining why he claims exemption from producing it.
(2) (a) The Mission or Consulate may demand such evidence of the truth of the statements made in the application as it thinks necessary. Such evidence shall ordinarily include certificate of his birth or that of his father or father's father, and information in regard to his educational and other qualifications and his economic condition-______1 Ins. by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18. 2 The comma and words, “or to the nearest British mission or Consulate” omitted,ibid
@ Subs for the word “Magistrate” vide S.R.O No.115(I)2002 dated 20-2-2002.
220 (b) The Mission or Consulate shall forward the application with its recommendation to the Federal Government which shall pass such orders on it as it deems fit; (c) If the applicant is resident in Pakistan at the time of making the application, he shall apply direct to the Federal Government. (d) The Federal Government shall pass such orders on this application as it deems fit.
13. Citizenship by 1[naturalization]. (1) Any person claiming citizenship under section 9 of the Act shall apply in Form 'E' in triplicate to the Federal Government.
(2) Each form shall be accompanied by— (a) an affidavit of the truth of statements made therein;
(b) a Certificate of 1[naturalization] under the1[Naturalization] Act, 1926 (VII of 1926); (c) a certificate that the applicant has taken the oath of allegiance to the Constitution of Pakistan within the period prescribed by section 6 of the 1[Naturalization] Act, 1926.
(3) The Federal Government, after making such inquiries as it considers necessary, may grant a certificate of registration in Form 'R-l' or reject the application. (4) Where an exemption from producing certificate of 1[Naturalization] is sought, the applicant shall in a statement recorded on oath, specify the reasons for which he seeks the exemption.
(5) The Federal Government shall pass such orders on the application as it deems fit.
2[13-A. Certificate of citizenship to certain persons domiciled in former East Pakistan: (1) Any person claiming citizenship under clause (iii) of clause (iv) of sub- section (1) of section 16-A of the Act or under the proviso to that sub- section may be granted a certificate in the manner hereinafter prescribed, namely:- (i) He shall apply in Form 'E-l' in duplicate to an **authorized officer, and if at the time of making the application he is residing in a foreign country, to the Pakistan Mission or Consulate in that country and, if there is no such Mission or Consulate in that country, to the Pakistan Mission or Consulate in the country nearest to the country of his residence:______
1 Subsl, for “naturalization” by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18. 2 Ins.by SRO.1207(1)/78.Pub.in Gaz of Pakistan. Extra pt.II dated 11-10-1978. * Subs for the word “Magistrate” vide S.R.O No.115(I)2002 dated 20-2-2002. ** Subs for the words “Magistrate of the first class” vide S.R.O No.115(I)2002 dated 20-2-2002. 221
Provided that the application made to a Pakistan Mission or Consulate shall be accompanied by an affidavit sworn before a Magistrate or Oath Commissioner affirming the truth of the statement made therein.
(ii) Where the application is made to an *authorized officer, the authorized officer shall, in attestation of the truth of the statement made in the application administer an oath or affirmation to the application.
(iii) The *authorized officer or the Pakistan Mission or Consulate, shall examine any witness produced by the applicant and may summon any other witness likely to know the facts of the application and may call for any record relevant to it.
(iv) If the *authorized officer or the Pakistan Mission or Consulate is satisfied that the applicant is entitled to citizenship under sub-section (1) of section 16-A of the Act, he or as the case may be, it shall recommend, if he is an *authorized officer, to the Provincial government and, if it is a Pakistan Mission or Consulate to the Federal Government, that a certificate of citizenship in Form 'E-2' be granted.
(v) The Provincial Government or the Federal Government, as the case may be, shall pass such orders on the recommendation as it deems fit.
(2) Any person claiming citizenship under sub-section (2) of section 16-A of the Act may be granted a certificate by the Federal Government in the manner hereinafter prescribed, namely:-
(i) He shall apply in Form 'E-3 in duplicate to the Federal Government and present the application to an ** “authorized officer” and, if at the time of making the application he is residing in country other than Pakistan to the Pakistan Mission or Consulate in that country, and, if there is no such Mission or Consulate, the Pakistan Mission or Consulate in the country nearest to the country of his residence:
Provided that the application made to a Pakistan Mission or Consulate shall be accompanied by an affidavit sworn before a Magistrate or Oath Commissioner affirming the truth of the statement made therein.
(ii) The *authorized officer shall, in attestation of the truth of the statement made in the application, administer an oath or affirmation to the applicant. (iii) The *authorized officer or the Pakistan Mission or Consulate should examine any witness produced by the applicant and may summon any other witness likely to know the facts of the application and may call for any record relevant to it.
(iv) If the *authorized officer or the Pakistan Mission or Consulate is satisfied that the applicant is entitled to citizenship under sub-section (2) of section 16-A of the Act, he or, as the case may be, it shall recommend to the Federal Government that a certificate of citizenship in Form 'E-4' be granted:
______
* Subs for the word “Magistrate” vide S.R.O No.115(I)2002 dated 20-2-2002. ** Subs for the words “Magistrate of the first class” vide S.R.O No.115(I)2002 dated 20-2-2002.
222 Provided that the *authorized officer shall make the recommendation through the Provincial Government.
(v) The Federal Government shall pass such order as it deems fit.]
14. Married Women. (1) Any woman who by reason of her marriage to a 1[British subject] has acquired the status of a 1[British subject] before the first day of January, 1949, shall, if she wishes to be registered as a citizen of Pakistan because her husband has become a citizen of Pakistan, apply in Form 'F' to the Federal Government for registration.
(2) Such application shall be in triplicate and each form shall be accompanied by—
(a) her marriage certificate 2[or any other evidence establishing the applicant's marriage]; and
(b) her husband's certificate of citizenship2[or any other evidence establishing the husband's citizenship of Pakistan]. (3) The Federal Government shall, after such inquiry as it considers necessary, pass such orders on the application as it deems fit.
(4) If the husband is dead at the time the application is made, a statement of facts, recorded on oath, which would prove that had he been alive he would have been entitled to Pakistan citizenship under section 3, 4 or 5 of the Act, shall accompany the application.
(5) If the applicant is an alien, the application shall further be accompanied by a certificate— (a) of domicile issued under rule 23 of these Rules; and
(b) that she has taken the oath of allegiance set out in the Schedule to the Act.
(6) If the applicant's husband but for his death would have been a citizen of Pakistan under the provisions of sub-section (1) of section 6 of the Act (whether he migrated as provided in that sub-section or is deemed under the proviso to section 7 to have so migrated), the application shall be accompanied by a certificate issued by the Provincial Government that the husband would have been entitled to a certificate under rule 10 or 11 of these Rules.
(7) The Federal Government shall, after such inquiries as it considers necessary, pass such orders on the application as it deems fit.
* Subs for the word “Magistrate” vide S.R.O No.115(I)2002 dated 20-2-2002. 1 Subs.,for “Commonwealth Citizen”,ibid 2 Ins. by Notification No.2/1/57 Citz, dated 5th August, 1957, see Gaz.or P.,1957 pt.I,p.355. 223 15. Any woman who claims citizenship under sub-section (2) of section 10 of the Act shall apply in Form 'F' in triplicate to the Federal Government in the namely— (a) If her husband is alive, each form shall be accompanied by the following documents:— (i) a certificate of Pakistan citizenship granted to her husband 1[or any other evidence establishing the husband's citizenship of Pakistan]; (ii) a marriage certificate or any other evidence establishing the applicant's marriage; and2 (iii) an affidavit completing her stay in Pakistan for an aggregate period of five years: and (b) If her husband is dead at the time of the application, the application shall be accompanied by the certificate or other evidence mentioned in sub- 2clauses (ii) and (iii) of clause (a), and by the certificate mentioned in sub- clause (i) of that clause or by a statement of facts recorded on oath showing that had he been alive he would be entitled to citizenship of Pakistan under section 3, 4 or 5 of the Act.
(c) If the applicant is an alien, the application shall further be accompanied by a certificate— (i) of domicile issued under rule 23 of these Rules, and
(ii) that she has taken the oath of allegiance set out in the Schedule to the Act.
(d) If the applicant's husband but for his death would have been a citizen of Pakistan under the provisions of sub-section (i) of section 6 of the Act (whether he migrated as provided in that sub-section or is deemed under the provisions to section 7 to have so migrated), the application shall be accompanied by a certificate issued by the Provincial Government that the husband would have been entitled to a certificate under rule 10 or 11 of these Rules.
(e) The Federal Government shall, after such enquiries as it considers necessary, pass such orders on the application as it deems fit.
16. (1) Any woman claiming citizenship through marriage in accordance with rule 14 or rule 15 after she has been deprived of it under the Act, shall submit with her application a statement on oath giving the restoration of her citizenship.
(2) The Federal Government shall, after such enquiries considers necessary, pass such orders on the application as it deems fit.
17. Registration of minors. (1) Any person claiming citizenship for a minor shall apply in Form 'M' in duplicate.
(2) The form shall be submitted to the authority to whom the parent or guardian would be required to apply under these Rules if he were claiming citizenship for himself.______1 Ins. by Notification No.2/1/57 Citz, dated 5th August, 1957, see Gaz.or P.,1957 pt.I,p.355. 2 Ins. by SRO No. 134(1)/2007 (F.No. 3/38/2005-Citz) dated 03-02-2007 224 1[(3) The application shall be accompanied by a certificate of citizenship, if any, of the parent or guardian.]
(4) The Federal Government may, on an application submitted to it in the manner aforesaid or of its own motion, register any minor as a citizen of Pakistan.
18. Citizenship by incorporation of territory. The Federal Government may, by notification in the Gazette and on such terms and conditions as may be specified in such notification, apply all or any of these Rules to persons who, by reason of their connection with any territory which may be incorporated in Pakistan, are entitled to be citizens' of Pakistan.
19. Renunciation of dual citizenship or nationality. Any person who, under section 14 of the Act, makes a declaration of renunciation of his status as a citizen or national of another country, shall produce satisfactory evidence that he has made such a declaration. 2[x x x x x x xx x x x] 3[l9-A. Declaration of renunciation of Pakistan Citizenship. (1) A declaration of renunciation of the citizenship of Pakistan made under section 14-A of the Act shall be in Form 'X' in quadruplicate and shall state— (a) under what provision of law the applicant is a citizen of Pakistan; and
(b) the other country of which the applicant is a citizen or national or the competent authority of which has given him any valid document assuring him of the grant of citizenship or nationality of that country upon his renouncing his citizenship of Pakistan.
(2) The declaration shall be made to the Pakistan Mission or Consulate in the country where the person concerned is residing and shall be forwarded by such Mission or Consulate to the Directorate General of Immigration and Passports for registration. (3) There shall be kept by the Directorate General of Immigration and Passports, a register in Form 'X-I' containing the names of persons whose declarations of renunciation of citizenship are registered under this rule. (4) The person concerned will cease to be a citizen of Pakistan from the date of such registration]. 3[19-B. Declaration of intention to resume citizenship of Pakistan. (1) A declaration under the proviso to clause (a) of sub-section (2) of section 14A of the Act shall be made in quadruplicate in Form 'Y'— (a) if the person making the declaration is residing in a foreign country to the Pakistan Mission or Consulate in that country; and (b) in any other case, to the Directorate General of Immigration and Passports, through the Provincial Government concerned.______1 Subs, for the original sub-rule (3) by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18. 2 Proviso omitted, ibid 3 New Rules 19-A & 19-B. Ins.by Notification No.SRO.155(1)/73 Pub.In.Gaz.of Pak.,Extra, Pt-II dt 2-2-1973 225 (2) Such declaration shall be registered by the Directorate General of Immigration and Passports and the person concerned shall become a citizen of Pakistan from the date of such declaration.
(3) There shall be kept by the Directorate General of Immigration and Passports a register in Form 'Y-I' containing the names of persons whose declarations of intention to resume Pakistan citizenship are registered under this rule.]
20. Acquisition of Pakistan citizenship by Commonwealth citizens. (1)Any Commonwealth citizen 1[or British protected person] may apply in Form 'R' in duplicate for the citizenship of Pakistan.
(2) The application shall be submitted to the Pakistan Mission or Consulate in the country or where there is no Pakistan Mission or Consulate in that country to 1[a prescribed Mission or Consulate or to] a Pakistan Mission or Consulate in the country nearest to that country 2[* * *] But if the applicant is at the time of the application resident in Pakistan, he shall apply to the Federal Government.
(3) The application shall be accompanied by an affidavit of the truth of the statements made therein.
(4) The Mission or Consulate or the Government of Pakistan may ask for such information in regard to—
(a) the national status of the applicant in his country;
(b) his knowledge of languages;
(c) his special qualifications, if any;
(d) his income and its source; and
(e) any disabilities to which citizens of Pakistan are subject in the country of the applicant.
(5) The Federal Government shall pass such orders on the application as it deems fit.______
1 Ins, by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18. 2 The words “or to nearest British Mission or Consulate” omitted, ibid.
226 21. Registration of birth in countries abroad. The birth of a child of a citizen of Pakistan occurring in a country outside Pakistan shall be registered at a Mission or Consulate in the manner following:—
(a) Any parent or guardian of the child shall, within six months of the birth, report in writing in Form ' S" the fact of the birth to the Pakistan Mission or Consulate in that country, or where there is no such Mission or Consulate in the country, to a Pakistan Mission or Consulate in the country nearest to that country. Such report shall, among other things, indicate the full name, parentage and addresses of the parents of the child, his date and place of birth and whether the parents, or if they are dead, the guardian is a servant of any Government in Pakistan or of an international organization of which Pakistan has at any time during that period been a member.
1[(aa)Where such report is made after the expiry of six months from the date of the birth of a child, the Mission or Consulate may register the birth on being satisfied as to the genuineness and sufficiency of the reasons for not making the report within the said period:
Provided that no birth shall be registered on a report made after the expiry of one year from the date of the birth, except with the previous approval in writing of the Federal Government.]
(b) The Mission or-Consulate may call for any other information before the registration of the child.
(c) Copies of the registration certificates issued by the Mission or Consulate shall be furnished to the applicant, and to the Government of Pakistan.
22. Annual Registration of Pakistan citizens abroad. Every citizen of Pakistan resident abroad 2[not being in such service as is referred to in clause (i) of sub section (4) of section 16 of the Act] shall register himself annually at a Mission or Consulate or in a country where there is no Pakistan Mission or Consulate, at the Pakistan Mission or Consulate in a country nearest, to that country in the manner following:—
a) He shall register himself by forwarding to the Mission or Consulate a statement indicating his intention to retain citizenship of Pakistan. This statement shall, among other things, indicate his full name and parentage, his address in Pakistan and in the country of his residence, details of the passport or other travel documents carried by him and details of the members of his family.______1 Ins.by Notification No.SRO.1107(K)/62, dated the 8th October, 1962, see Gazette of P, 1962 Pt.I, p.495. 2 Ins.by Notification No.11/117/52.Poll(I), dated the 15th January, 1953, see Gaz.of P., pt.1,p.20.
227 b) This statement shall be forwarded in duplicate in the first quarter of every year following the year of his arrival in the country of residence.
c) The Mission or Consulate shall acknowledge receipt of the form ; and such acknowledgment shall be evidence of his having been formally registered.
23 Certificate of domicile. The Federal Government, the Provincial Government or *[a District Co-ordination Officer other than in Islamabad Capital Territory or Chief Commissioner, Islamabad Capital Territory, or an authorized officer] may on application made to it in this behalf issue a certificate of domicile in Form 'P-I' in the manner following:—
(a) An application for a certificate of domicile shall be made in Form 'P' in duplicate. It shall be accompanied by an affidavit affirming the truth of the statements made in it and affirming further that the applicant had not migrated to India after the first day of March, 1947 or that, having so migrated, had returned to Pakistan under a permit for resettlement or permanent return issued by an officer authorized by the Government of Pakistan. (b) Any authority to whom an application is presented may demand such evidence as it may be considered necessary for satisfying itself that the facts stated in the application are correct and that the applicant has been continually resident in Pakistan for a period not less than one year and intends to live permanently in Pakistan. (c) The authority shall pass such order on the application as it deems fit.
24. Certificate of citizenship in doubtful cases. (1) The Federal Government may on application made to it in that behalf grant a certificate of citizenship in Form 'Q-l' to any person with respect to whose citizenship a doubt exists, whether on a question of law or of fact.
(2) An application in this behalf shall be made in Form 'Q' in triplicate and shall be supported by an affidavit of the truth of the statements made therein. (3) The certificate of citizenship granted in ‘Q-1’ shall be withdrawn as soon as possible and not later than the issue of a certificate of citizenship under any of these Rules. It shall be granted for one year in the first instance but may be extended from time to time unless withdrawn as herein provided.______*Subs for the words “Any District Magistrate authorized by the provincial government in this behalf” vide SRO No.115(1)
2002 dated 20-2-2002.
228 25. Deprivation of citizenship. (1) The Federal Government may on a report from the Provincial Government or on its own motion issue a notice to any person who being a citizen of Pakistan by 1[naturalization]--
(a) has shown himself by any act or speech to be disloyal or disaffected to the Constitution of Pakistan.
(b) has during a war in which Pakistan is or has been engaged, unlawfully traded or communicated with the enemy or engaged in or associated with any business that was to his knowledge carried on in such a manner as to assist the enemy in that war, or
(c) has within five years of being 1[naturalized] been sentenced in any country to imprisonment for a term of not less than twelve months, to show cause why an order depriving him of the citizenship of Pakistan should not be passed against him.
(2) Such notice shall contain information of the grounds on which it is proposed to make the order depriving him of citizenship.
(3) (a) Any person served with a notice in accordance with the two foregoing sub-rules may, within sixty days of the service of such notice, apply to the Federal Government for the appointment of a committee of enquiry.
(b) Such an application shall among others things be accompanied by an affidavit that the allegations made against him are untrue, and by a bond for such sum not exceeding Rs. 5,000 as the Federal Government may demand to be forfeited to Government should the committee of enquiry find the application false and frivolous or given with a view to causing delay.
(c) On receiving the application, Government shall appoint a committee as prescribed in sub-section (7) of section 16 of the Act.
(4) The Federal Government may of its own motion or on the application of any person appoint a committee of enquiry in the manner aforesaid for enquiring into an application submitted to it under sub-section (4) of section 16 of the Act or to enquire into the fact of the continued residence outside Pakistan of any citizen of Pakistan for a period of seven years 2[beginning not earlier than the commencement of the Act].______
1 Subsl, for “naturalization” by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18. 2 Added by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18.
229
(5) An application under sub-section (4) of section 16 of the Act shall be accompanied by an affidavit stating the grounds on which the application is made, and if the applicant is residing in a foreign country the application may be submitted to the Pakistan Mission or Consulate in that country or where there is no Mission or Consulate in that country to a 1[prescribed Mission or Consulate or to a] Pakistan Mission or Consulate in the country nearest to that country 2[* * * * *]
(6) The Federal Government shall pass such orders on the report of the committee of enquiry or, if a committee is not appointed, on the application itself as it deems fit.
26. Penalty for obtaining citizenship by misrepresentation. (1) Any Magistrate of the first class, a Provincial Government or the Federal Government, on receiving information that a person has obtained his certificate of citizenship, certificate of registration as a citizen of Pakistan, certificate of domicile or certificate of 3[naturalization], by fraud, false representation or the concealment of any material fact or that his certificate of '[naturalization] has been revoked, may authorize or require a competent Magistrate to authorize a police officer under section 155 of the Code of Criminal Procedure, 1898 (Act V of 1898), to investigate the truth of the information.
(2) If on the result of the investigation it appears that the said person has made statement or furnished information which comes within the mischief of section 21 of the Act, the Federal or Provincial Government may direct that the said person be prosecuted under section 177 of the Pakistan Penal Code (Act XVI 1860), or under any other law for the time being in force.
(3) A conviction by the Court shall render null and void any certificate mentioned in sub-rule (1). 4[27 Fees. Applications under these Rules shall be accompanied by a Bank draft or a challan of the value indicated in the Schedule to these Rules.]
1. Ins., by “naturalization” by Notification No.11/62-52/Poll(1), dated 23-4-1953. see Gaz.of P.,1953,pt.I,pp.117-18. 2. The words “ or to the nearest British Mission or Consulate” omitted , ibid 3. Subs.for “ Naturalization” ibid.
4. Subs., for the original Rule 27, by Notification No.2/1/54-Citiz., dated the 9th April, 1954 see Gaz. of P.1954, pt.I,p.93
230 28. Photographs. Any person to whom a certificate of citizenship or of registration as a citizen of Pakistan is issued may be required to furnish four photographs except in the case of a purdanashin woman.
1[28-A. Duplicate copies of Certificates of Citizenship, (a) Any person to whom a certificate of citizenship has been granted, may, if his certificate is lost or damaged or if he wishes to get his certificate of citizenship replaced by a certificate of citizenship with changed name or other particulars, shall apply in Form 'V in duplicate normally to the Federal Government, Provincial Government, Local Administration or any Pakistan Mission in a foreign country through whom he obtained his previous certificate of citizenship. (b) Each such form shall be attested by a Magistrate or a Notary Public.
(c) It shall "be accompanied by four passport size photographs of the applicant 2[of one and the same pose].
(d) The Provincial Government, Local Administration or the Pakistan Mission to whom the application is made, shall forward the application to the Federal Government with their own recommendation, provided that if the original certificate was issued by the Provincial Government it shall pass such orders on the application as it deems fit.
(e) The Federal Government may pass such orders on the application forwarded to it as it deems fit.]
3[28-B. (a) Any person to whom a certificate of domicile has been granted, may, if his certificate is lost or damaged or if he wishes to get his certificate of domicile with changed name or other particulars shall apply in Form 'V in duplicate normally to the Federal Government, Provincial Government or the District Magistrate through whom he obtained his previous certificate of domicile. (b) Each such form shall be attested by a Magistrate or a Notary Public.
(c) It shall be accompanied by four passport size photographs of the applicant of one and the same pose.
(d) The authority which granted the original certificate shall pass such orders on the application as it deems fit.
1. Rule 28-A,ins.by Notification No.13/33/53-Poll(I), dated the 15th August, 1953, Gaz. of p.,I,p.188 2. Added by Notification No.1/3/57-Citiz., dated the 9th January, 1958, see Gaz. of p.,1958, pt.1,p.26. 3. Rule 28-B, ins.ibid.
231 29. Miscellaneous. All things done by a Magistrate, *[District Co-ordination Officer, Chief Commissioner, Islamabad Capital Territory or an authorized officer] or Provincial Government under these Rules shall be deemed to be done by or on behalf of the Federal Government.
30. Notwithstanding anything contained in rule 29 above, the Federal Government may at any time entertain any application, appeal, review or revision application and may cancel, suspend, invalidate, extend or revise any certificate issued under these Rules or pass any other orders it may deem necessary or fit.______* Subs for the words “ District Magistrate” vide S.R.O No.115(I)2002 dated 20-2-2002.
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232
SCHEDULE (Vide rule 27 ) *TABLE OF FEES ______Description of applications______Fees(Rs)__ For an application claiming citizenship
1. Under section 3(a) of the Act, rule 3 ...... 200 2. Under section (3) (b) of the Act, rule 4 ...... 200 3. Under section 3 (c) of the Act, rule 5 ...... 300 4. Under section 3(d) of the Act, rule3 ...... 500 5. Under section 4 of the Act, rule 8 ...... 200 6. Under section 5 of the Act, rule 9 ...... 200 7. Under section 6 of the Act, rule 10 ...... 200 8. Under proviso to section 7 of the Act, rule 11 ...... 300 9. Under section 8 of the Act, rule 12 ...... 500 10. Under section 9 of Act, rule 13 ... 400 11. Under section 10 of the Act, rule 14,15 or 16 ...... 200 12. Under section 11 of the Act, rule 7 ...... 200 12. Under section 14(A) or (2) of the Act, rule 19A or 19B. 500 13. Certificate of Domicile, under section 17 of the Act ,rule 23 ...... 200 14. Certificate under section 19 of the Act, rule 24 ..,. ... 800 15. Certificate under section 20, of the Act, rule 20 (a) By a commonwealth citizen other than citizen of India ... 200 (b) By an Indian citizen ...... 800 16 . Copy of certificate under rule 28-A or 28-B ...... 200 17. Application, appeal, review or revision application under rule 30 800
18. Certificate of Citizenship to those domiciled in former East Pakistan who were abroad before the 16th December 1971, under protection of passport under section 16(A)of the Act 500 19. Application for grant of Emergency Certificate to Indian dependents of Pakistan national. 800 20. Naturalization Certificate under section 3 of the Naturalization Act, 1926.(VII of 1926 ) 1500**
** Rs. 750.00 shall be deposited at the time of application and remaining Rs.750.00 at the time of oath of allegiance______
* Fee revised vide SRO No.251(I)/2002 dated 9-5-2002
233
APPENDIX-I FORM ‘A’ (Vide Rules 3, 4, 5, 6 & 7)
Application for a Certificate of Citizenship of Pakistan at the Commencement of the Pakistan Citizenship Act, 1951 (II of 1951)
1. Full name of applicant : (block letters) 2. Father’s/ husband’s name: (block letters) 3 Address in Full: in Pakistan: in other country: 4. Trade or occupation: Place Tehsil 5. Place and date of birth: District Prov./Admn Date day of 19 6. Nationality or nationalities of the applicant: 7. The applicant claims Pakistan (a) his own birth in the territories now nationality because of -- included in Pakistan. (b) his parents birth in the territories now included in Pakistan. (c) his grand-parents birth in territories now included in Pakistan. *8. The applicant claims Pakistan (a) his (b) his parents or Citizenship because of his (c) his grand-parents birth in the territories domicile in the territories now included in India on the 31st day of March included in Pakistan and because 1937. of -- *9. The applicant claims Citizenship (a) having acquired citizenship of no other of Pakistan for being naturalized country. as a British subject in Pakistan (b) having acquired citizenship of another and -- country has before the 13th April, 1951 renounced it by depositing a declaration in writing to that effect with an authority appointed or empowered by that other government to receive it.
Note: Paragraphs which do not apply should be cancelled
234 *10. The applicant claims Citizenship (a) he is not a national or citizen of that or of Pakistan, because being any other country outside Pakistan. ordinarily resident in a country (b) that on the faith of that declaration and by outside Pakistan he is making the reason of his (a) own birth, or (b) that of declaration within one year of the his parents, or (c) of his grand-parents, he 13th April, 1951 that --- claims to be a citizen of Pakistan.
11. Name and address and nationality of parent or grand-parent though (in block letters) whose birth in Pakistan or in the territories included in India on the 31st March 1937 citizenship is claimed. 12. Place and date of birth Place Tehsil of parent mentioned in 11 District Prov./Admn Date Day of 19 13. (1) Documentary evidence in (1) support of the claim of birth of self, parent or grand-parent. (2) Documentary evidence of renunciation of other (2) nationality; and (3) documentary evidence of domicile (3) Number, date and place of issue of the domicile certificate.
14. Whether married or single, widower or widow? 15. Full name of wife or husband 16. Full names of children and their ages
17. Whether the applicant has at any time previously applied for the grant of a certificate of citizenship?
18 Details of place where applicant 14-08-1947 was permanently residing Place Tehsil. between 14th August 1947, and District. th Province. 13 April 1951, or was domiciled on 13th April 1951.
Note: Paragraphs which do not apply should be cancelled
235
13-04-1951 Place Tehsil. District. Province. .
19. Exact date of migration from what now constitutes India, to Pakistan and details of place of permanent residence in India before migration. 20. Names and complete address, (i) with relationship, if any, of two referees in Pakistan (ii)
21. Whether the applicant is also a national of any other (foreign) country. If so, give particulars of nationality certificate and passport issued by that country.
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature Place: Date: Attestation: Designation: Place and Date:
236 APPENDIX-II FORM ‘B’ (Vide Rules 8, 9 & 10) Application for a Certificate of Citizenship of Pakistan at the Commencement of the Pakistan Citizenship Act, 1951 (II of 1951)
1. Full name of applicant : (block letters) (block letters) 2. Father’s/ husband’s Name: (block letters) (block letters) 3 Address in Full: in Pakistan: in other country: 4. Trade or occupation: Place Tehsil 5. Place and date of birth: District Prov./Admn Date Day of 19 6. Nationality or nationalities of the applicant: 7. The applicant claims Pakistan (a) his father possesses such immunity from nationality because of his birth suit and legal process as is accorded to in Pakistan and is not an envoy of an external sovereign power disqualified because at the time accredited in Pakistan and is not a of his birth -- citizen of Pakistan or (b) his father is any enemy alien and the birth occurs in a place then under occupation by the enemy. *8. The applicant claims Pakistan (a) the birth of the applicant having Citizenship because of his occurred in a country outside Pakistan descent from his father who at the birth is registered according to rule the time of his birth was a 21, of the Pakistan citizenship rules, or citizen of Pakistan. The father the father is at the time of birth in the is a citizen of Pakistan by (b) service of any government of Pakistan. descent only but -- *9. The applicant claims (a) having obtained a certificate of domicile Citizenship of Pakistan because under rule 23 of these Rules, and/or of migration to Pakistan from having acquired citizenship of another territories now included in (b) country has before the 13th April, 1951 India before the 13th April, renounced it by depositing a declaration 1951, and -- in writing to that effect with an authority appointed or empowered by that other
government to receive it. 10. Name and address and nationality of parent or grand- (block letters) parent though whose birth in
* Note- ParagraphsPakistan whichor in thedo not territories apply should be cancelled.
st included in India on the 31 March 1937 citizenship is claimed. 237 11. Place and date of birth Place Tehsil of parent mentioned in 10 District Prov./Admn Date Day of 19 12. (1) Documentary evidence in (1) support of the claim of birth of self, parent or grand- parent. (2) Documentary evidence of (2) renunciation of other nationality; and (3) documentary evidence of (3) Number, date and place of issue of the domicile domicile certificate.
13. Whether married or single, widower or widow? 14. Full name of wife or husband 15. Full names of children and their ages
16. Whether the applicant has at any time previously applied for
the grant of a certificate of citizenship? 17. If Pakistan citizenship certificate is claimed under sub-section 2
of Section 6 of the Pakistan Citizenship Act, 1951 add an attested Photostat copy of
Pakistan citizenship certificate granted to the applicant’s husband or father as the case
may be. 18. Names and complete address, (i) with relationship, if any, of two (ii) referees in Pakistan 19. Whether the applicant is also a national of any other (foreign) country. If so, give particulars of nationality certificate and passport issued by that country.
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature Place: 238 Date: Attestation: Designation: Place and Date:
APPENDIX-III FORM ‘C’ (Vide Rules 11)
Application for Citizenship of Pakistan from a person born in Pakistan, who having migrated to India after 1st March, 1947 has returned to it under a permit for resettlement or permanent return
1. Full name of applicant : (block letters) 2. Father’s/ husband’s Name: (block letters) in Pakistan: 3 Address in Full: in India : Village Tehsil 4. Place of birth: District Prov./Admn Date: 5. Date and place of migration in India. Place:
Date: 6. Date and place of return to Pakistan. Place of return: Point of entry into Pakistan . 7. Authority on which the applicant has Permanent resettlement or return returned to Pakistan permit No. date Office of Issue 8. Name of wife or husband and her/his age Name: and address Age: Address:
9. Name and Ages of children Name Age
239 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
10 Any special circumstances on the basis of which the applicant claims citizenship. I do solemnly affirm that the above statement is true to the best of my knowledge and belief. Signature Place: Date: Attestation: Designation: Place and Date:
240 APPENDIX-IV FORM ‘D’ (Vide Rules 12)
Application for Registration as a Citizen of Pakistan by a person of Indo-Pakistan origin residing abroad.
1. Full name of applicant : (block letters) 2. Father’s name: (block letters) 3. Name of father’s father: (block letters) in Pakistan: Address of the 4. applicant: abroad :
5. Place and date of birth of applicant 1. Father
6. Place of birth of 2. Father’s father 1. Father
7. Address if alive of 2. Father’s father 1. Father
8. National status of 2. Father’s father 9. For how long has the applicant been resident abroad? 10. Names and addresses of two (1) referees / near relatives residing in Pakistan, if any.
(2)
______1 Subs., for Appendix IV by Notification No. 13/3/54-Citz, dated the 12th April, 1954, see Gazette to Pakistan, 1954, Pt. I,pp.93-95.
241
11. Reasons for seeking citizenship of Pakistan.
12. Travel documents on the basis of Description. which applicant is living abroad. No. date Issuing Authority 13. If a certificate of domicile is Its No. attached? Office of Issue 14. Educational and special qualification. 15. Income and its source
16. Whether married/ single/ widow/ widower, if married, date of marriage. 17. Name and nationality of husband/ wife 18. Name of minor children and their ages. Name Age 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 19. List of documents in proof of the statement made in the application. Description No. 1. 2. 3. 4. 5.
I do solemnly affirm that the above statement is true to the best of my knowledge and belief. . Signature of the applicant:
Attested by: Date:
Signature Magistrate Name in Full Notary Public Date Place
242 APPENDIX-V FORM ‘E’ (Vide Rule 3,4,5,6 &7)
Application for a Certificate of Registration as Citizen of Pakistan by Naturalization
1. Full name of applicant : (block letters) 2. Father’s Name: (block letters) (block letters) in Pakistan: 3. Address in full: in another country : 4. Married/ Single/ Widow/ Widower: 5. Name of wife or husband: 6. Name of children and their ages: i) ii) iii) iv) v) 7. Trade or occupation: Place Tehsil Distt . 8. Place and date of birth: Date Day of 9. Nationality prior to naturalization.
10. Date of arrival in Pakistan for permanent stay.
11. Date and number of certificate of naturalization Name: Officer administering the 12. Place: oath of allegiance. Date: 13. List of documents attached to the application. 14. If exemption from producting a certificate of naturalization is claimed, the reasons for it.
15. Whether the application has at any time previously applied grant of a certificate of citizenship; if so, with what results? 16. Has the applicant ever been
deprived of his citizenship of Pakistan? 17. Marks of identification.
243
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature Place: Date: Attestation: Designation: Place and date:
1 In the schedule, after Appendix V, the following new appendices be inserted namely, V-A, V- B, V-C, and V-D ______1 For Appendices V-A to V-D, please see Gazette of Pakistan, Extraordinary, Part II, pp.2264 to 2271 (PLD 1973 Cent., St. p. 95.
244 APPENDIX-V-A FORM ‘E-1’ [Vide rule 13A (1)]
Application for a Certificate of Citizenship of Pakistan from a person of former East Pakistan domicile residing in Pakistan, or in a foreign country.
1. Full name of applicant (in block letters) 2. Father’s/husband’s name (block letters) i. in Pakistan ii. in former East Pakistan iii. in other country 3. a) Address in full
b) Address in the country in which applicant was residing on the 18th March, 1978 (stating the purpose of such residence, if the country is other than Pakistan)
4. Trade or occupation
5. Place and date of birth Place Tehsil Thana District Province Country Date day of 19
6. The applicant claims Pakistan citizenship because of: a) his voluntary residence in Pakistan since the 16th day of December, 1971. b) his voluntary repatriation to Pakistan after the 16th day of December, 1971, with the approval of Federal Government. c) an agreement by the Federal Government to his repatriation to Pakistan.
7. Documentary evidence in support of the claim of voluntary residence
Number, date and place of issue of Emergency Passport/Registration Card granted by Cabinet Division on repatriation/ICRC letter intimating clearance by government of Pakistan for repatriation
8. Whether married, single widow or widower
9. Marks of identification
10. Husband’s/Wife’s name and Name Age Place of birth his/her age and place of birth (with indication whether he/she is to be mentioned in the certificate of citizenship as a citizen of Pakistan
245 11. Names of minor children Name Age Place of Birth and their ages and place of birth (with indication whether any or all of them are to be mentioned in the certificate of citizenship as citizen(s) of Pakistan. 12. Whether application was made at any time previously for the grant of certificate of citizenship” if so, with what result?
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature Place Date Attestation Designation Place and date
Note: Paragraph which does not apply should be cancelled.
APPENDIX –V-B FORM ‘E-2’ [Vide rule 13A(1)(IV)]
Certificate of citizenship to a former East Pakistani residing in Pakistan since the 16th days of December, 1971/repatriated thereafter/cleared for repatriation to Pakistan Whereas AB……………………………………………………… has applied for a certificate of citizenship claiming Pakistan Citizenship on the ground that he/she has voluntarily resided in Pakistan since the 16th day of December, 1971 he/she has been repatriated voluntarily to Pakistan from abroad after that date with the approval of the Government of Pakistan /his repatriation had been agreed to by the Government of Pakistan before the commencement of the Pakistan Citizenship (Amendment) Ordinance 1978, alleging with respect to himself/herself the particulars set out below, and has satisfied the Government that the conditions laid down in caluse (iii)/(iv) and proviso to sub-section (1) of section 16A of the Pakistan Citizenship Act, 1951, (II, of 1951), for the grant of a certificate of citizenship are fulfilled in the said AB’s………………………………………… case;
Now, therefore, in pursuance of the powers conferred by the said Act and the Rules made thereunder, the Government hereby grants to the said AB ………………………and to his wife/her husband and his/her children, whose particulars are mentioned below, this certificate of citizenship of Pakistan and declares that subject to the provisions of the said Act he/she his wife/her husband and children mentioned below shall be deemed to be citizen(s) of Pakistan and shall be entitled to all the rights, privileges, and capacities to which a citizen of Pakistan is entitled and shall also be subject to all the obligations, duties and liabilities of citizen of Pakistan under any or all the laws of Pakistan. 246
In witness whereof I have hereto subscribed my name this day of ………………
Signed …………………………….. Secretary to the Government
Particulars relating to the applicant/and members of his/her family.
1. Full name……………………………………………………………… (in Block letter) 2. Father’s name …………………………………………………………. 3. Full address…………………………………………………………… (i) in Pakistan ………………………………………………………….. (ii) in former East Pakistan …………………………………………… (iii) in other country…………………………………………………….
4. Trade or occupation……………………………………………………. 5. Marks of identification…………………………………………………. 6. Married, single, widow or widower………………………………………. 7. Husband’s/wife name…………………………………………………….. 8. Name of minor children and their ages Name Age
PHOTOGRAPH
Signed………………………………… Secretary to the Government…………. Date…………………………………….
247 APPENDIX-V-C FORM ‘E-3’ [Vide rule 13A(2)(i)]
Application for a certificate of citizenship of Pakistan from a person domiciled in the territories which before the 16th day of December, 1971 constituted the Province of East Pakistan but residing on that day or on 18th March 1978 in a country beyond those territories under the protection of a Pakistan Passport.
Particulars of Applicant:
1. Full name……………………………………………………………… (in Block letter) 2. Place of birth………………………………………………………….. 3. Date of birth…………………………………………………………. 4. Address in full…………………………………………………………… (a)in Pakistan …………………………………………………………. (b) in the country of residence………………………………………… (c) in former East Pakistan ……………………………………………. 5. Trade or occupation……………………………………………………. 6. Educational qualifications……………………………………………… 7. Whether married, single, widow or widower…………………………… 8. Marks of identification…………………………………………………. 9. Date of migration to former East Pakistan …………………………….. 10. Full address in the country from which migrated……………………….. 11. Date of last departure from former East Pakistan before 16th day of December, 1971………………………………………………………. 12. Purpose of departure…………………………………………………. 13. Country where present on 16th day of December, 1971………………. 14. Country where present on 18th day of March, 1978…………………….. 15. Number, date and place of issue of Pakistan Passport ……………………. 16. Date upto which the Passport is/was valid……………………………….. 17. Number, date and place of issue of Passport of other country if any……. 18. Details of properties: (a) in Pakistan ……………………………………………………….. (b) in the country of residence………………………………………... (c) in former East Pakistan……………………………………………. (d) in other country…………………………………………………….
19. Number of visits to Bangladesh after the 16th day of December, 1971 with periods of stay on each occasion and purpose of visit………………………………….. 20. Whether application for the nationality of any other country was made after the 16th day of December, 1971. If so, with what result?……………
Particulars of applicant’s father:
21. Father’s name……………………………………………………….. (in Block letters) 22. Place of birth………………………………………………………….
248 23. Address in full: (a) in Pakistan ………………………………………………………. (b) in former East Pakistan …………………………………………. (c) in other country……………………………………………………
24. Date of migration to former East Pakistan ………………………….. 25. Address in the country from which migrated………………………… 26. Number, date and place of issue of Pakistan Passport …………………. 27. Date upto which the Passport is/was valid……………………………….. 28. Number, date and place of issue of Passport of other country if any………………………………………………………
Particulars of husband/wife:
29. Husband’s/wife’s name (with indication whether he/she is to be mentioned in the certificate of citizenship as a citizen of Pakistan. 30. Place of birth…………………………………………………………… 31. Date of birth…………………………………………………………….. 32. Educational qualifications………………………………………………. 33. Date of migration to East Pakistan ……………………………………… 34. Address in the country from which migrated………………………….. 35. Number, date and place of issue of Pakistan Passport …………………. 36. Date upto which the Passport is/was valid…………………………….. 37. Number, date and place of issue of Passport of other country, if any……………………………………………………………………… (a) in Pakistan …………………………………………………………. (b) in the country of residence………………………………………….. (c) in former East Pakistan………………………………………………. (d) in other country………………………………………………………..
38. Names of minor children Name Age Place of birth and their ages and places of birth (with indication whether any or all of them are to be mentioned in the certificate of citizenship as citizen(s) of Pakistan
40. Name and address of close Name & Relationship Date of arrival relations residing in Address in Pakistan Pakistan and the date of their arrival here.
41. Name and address of close Name Address Relationship relation residing in Bangladesh
42. Whether making remittances to Pakistan ………………………………… 43. Grounds on which the applicant claims Pakistan nationality…………….. 44. Documentary evidence of: (i) former East Pakistan domicile…………………………………….
249 (ii) educational qualifications………………………………………… (iii) repatriation of close relations to Pakistan after the 16th day of December, 1971, with the approval of the Government of Pakistan, vide column 40 above. 45. Whether application was made at any time previously for the grant of a certificate of citizenship? If so, with what result?…………………………………
Signature……………………… Place…………………………... Date……………………………
Attestation……………………………… Designation……………………………. Place and Date………………………….
APPENDIX-V-D FORM ‘E-4’ [Vide rule 13(2)(iv)]
Certificate conferring citizenship to a former East Pakistani residing in a country beyond the territories of the former province of East Pakistan on the 16th day of December, 1971, under the protection of a Pakistan Passport.
WHEREAS AB……………………………………………………….. ..residing at ……………………………………………on the 16th day of December, 1971, under the protection of Pakistan Passport No…………………….. dated …………. Issued at ……………….. has applied for a certificate to the effect that he/she is a citizen of Pakistan alleging with respect to himself/herself the particulars set out below and has satisfied the Government of Pakistan that the conditions laid down in sub-section (2) of section 16A of the Pakistan Citizenship Act, 1951 (II of 1951), for the grant of a certificate conferring citizenship are fulfilled in the said AB’s……………………….case.
Now, therefore, in pursuance of the powers conferred by the said Act and the Rules made there under, the Government of Pakistan hereby grants to the said AB…………………………………… and to his wife/her husband and his/her children, whose particulars are mentioned below, this certificate declares that subject to the provisions of the said Act, he/she and his under mentioned wife/her husband children shall be deemed to be citizen(s) of Pakistan as from this …………………………….day of ……………………………. and shall be entitled to all the rights, privileges and capacities to which a citizen of Pakistan is entitled and shall also be subject to all the obligations, duties and liabilities of a citizen of Pakistan under any or all the laws of Pakistan.
In witness whereof I have hereto subscribed my name this day of ………………
Signed…………………………. Secretary to the Government.
Particulars relating to the applicant/and members of his/her family.
250 1. Full name……………………………………………………………… (in Block letter) 2. Father’s name…………………………………………………………. 3. Full address……………………………………………………………. (i) in Pakistan ………………………………………………………. (ii) in the country of residence……………………………………… (iii) in former East Pakistan ………………………………………….. (iv) in other country………………………………………………….
4. Trade or occupation……………………………………………………… 5. Marks of identification………………………………………………….. 6. Married, single, widow or widower…………………………………….. 7. Husband’s/wife’s name………………………………………………… 8. Name of minor children and their ages: Name Age
PHOTOGRAPH
Signed………………………….. Secretary to the Government Date………………………………..
251 APPENDIX – VI FORM “F” (Vide Rules 14, 15 and 16)
Application by a married woman for a Certificate of Citizenship of Pakistan by registration.
1. Full name of applicant (block letters) 2. Father’s name (block letters) 3. Husband’s Name (block letters) 4. address in full. in Pakistan in the other country 5. Trade or occupation 6. Place & date of birth Place______Tehsil ______Distt.______Prov./Admn______day of ______19.______7. Nationality or nationalities of the applicant 8. Full address of the husband 9. Nationality or nationalities of husband * 10 The applicant being an alien claims registration as a citizen of Pakistan because by reason of her marriage, she has acquired the status of Commonwealth Citizen before the 1st day of January 1949 and her husband has become citizen of Pakistan.
* 11 The applicant being an alien married to a citizen (a) obtained a certificate of domicile under Rule of Pakistan claims registration as a citizen of 23 of these rules, and Pakistan as she has--- (b) has taken the oath of allegiance in form set out in the Schedule to the Act. * 12 The applicant being an alien clien claims (a) obtained certificate of registration as a citizen of Pakistan be reason of domicile under Rule 23 of these Rules and her marriage to the person named in para 3 of (b) taken oath of allegiance in this application who but for his death would the form set out in have been a citizen of Pakistan under section 3, the Schedule to the Act. 4 or 5 of Act, and for having--- * 13 The applicant being an alien claims registration (c) has obtain a certificate of as a citizen of Pakistan by reason of her domicile under marriage to the person named in para 3 of this Rule23 of these Rules and application who but for his death would have (d) taken the oath of allegiance been a citizen of Pakistan under the proviso of in the form set out in the Schedule to the Act. sub section (1) of section (6) (whether he migrated to Pakistan as provided in that sub - section or is deemed under the provision to section 7 to have so migrated) and as she---
*14 The applicant being married to a citizen of Pakistan claims registration as a citizen of Pakistan. * Note- Paragraphs which do not apply should be cancelled.
252 *15. The applicant claims registration as a citizen of Pakistan by reason of her marriage to the person named in para 3 of this application, who but for his death, would have been a citizen of Pakistan under section 3, 4 or 5 of the Act. *16. The applicant claims registration as a citizen of Pakistan by reason of her marriage to the person named in para 3 of the application, who but for his death, could have been a citizen of Pakistan under the provisions of sub-section (1) of section (6) (whether he migrated to Pakistan as provided in that sub-section or is deemed under the provision to section 7 to have so migrated.) *17 Circumstances because of which the person named in para 3 of this application could have claimed Citizenship of Pakistan if he were alive. 18 Has the applicant at any stage ceased to be a citizen of Pakistan under section 14 of the Act or has she been deprived of it under the Act ? If so has pre- consent of the Central Government to her becoming a citizen of Pakistan been obtained? 19 List of documents furnished to prove
(a) Nationality of the applicant. (b) Marriage with person named in para 3. (c) Pakistani citizenship of husband mentioned in para 3 of this application. (d) Domicile. (e) Taking the oath of allegiance. (f) Facts which would have entitled the person mentioned in para 3 of this application to be a citizen of Pakistan if he were alive. (g) Certificate of pre-consent of Central Government in case of loss or deprivation of citizenship of applicant.. 20 Full names of children and their ages. ______21 Whether the applicant has at any time previously applied for grant of a certificate of citizen ship?
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature______Place ______Date ______Attestation______Designation______Place & Date______
* Note- Paragraphs which do not apply should be cancelled.
253
APPENDIX-VII FORM ‘M’ (Vide rule 17) Application for Registration Minor as a Citizen of Pakistan
1. Name of the minor (in Block letters) ……………………………. 2. Name of the minor’s father or …………………………… mother (if father not traceable) 3. Name of the guardian or applicant ……………………………… with father’s name. 4. Address in full of the guardian or ……………………………… applicant.
5. (a) Date and place of birth of ………………………………. minor. (b) of his parent. ……………………………….. (c) of his grand-parents. ……………………………….. 6. If a migrant, how and when did ……………………………….. the minor arrive in Pakistan?
7. Minor’s relationship, with the ………………………………… guardian or applicant if any.
8. Minor’s full address in Pakistan. ………………………………….
9. Is the guardian, or applicant a ………………………………….. citizen of Pakistan? If so, number and date of the Certificate of Citizenship.
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature……………………… Place………………………….. Date…………………………..
Attestation………………………… Designation………………………. Place and Date………………………
254
APPENDIX-VIII FORM ‘P’ (Vide rule 23) Application for Certificate of Domicile in Pakistan
To
………………………………. ……………………………….
Sir,
I,…………………………………….son of……………………… (name in Block letters) aged …………………………. Resident of ………………………..hereby state that I was formerly the resident of …………………………………. …………………………I have arrived in ………….... Tehsil………….in Pakistan on ……………………………………day of…………………..
I have been residing continuously in Pakistan for a period of ……………..years …………..months immediately preceding this declaration, and I hereby express my intention to abandon my domicile of origin in …………………………………. And with a view to acquire the domicile of Pakistan. I declare my intention to take up my fixed habitation in Pakistan during the remainder of my life.
I further affirm that I had not migrated to India and returned to Pakistan between the 1st March, 1948 to the date of this application *[except on a valid visa No……………………………. dated ………………….issued by the Pakistan Passport Office at ……………………………………….
Other particulars are given below:- Married/single/widow/widower……………………………………. Name of wife or husband…………………………………………. Names of children and their ages………………………………… ………………………………… ……………………………….. ……………………………….. ………………………………. Trade or occupation……………………………………………… Marks of identification…………………………………………..
1 Subs., for Appendix VII by Notification No. 13/40/53-Poll.(I) dated 17th December, 1953, see Gazette of Pakistan 1953, Pt. I, pp. 297-298.
255
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature………………………………. Place…………………………………… Date……………………………………..
Attestation……………………… Designation……………………. Place and Date………………….
*[Note: Cancel if not applicable.]
256
APPENDIX-IX FORM ‘Q’ (Vide rule 24)
Application for a Certificate of Citizenship from a person whose citizenship is in doubt
1. Name of the applicant (in block letters) ………………………………………………......
2. Name of the applicant’s father/husband ……………………………………………………………
3. Full address in Pakistan of the applicant…………………………………………………………….
4. Date and place of birth of applicant …………………………………………………………………
5. Whether the applicant has at any time……………………………………………………………… previously applied for the grant of a certificate of citizenship? If so, with what results?
6. Why is the applicants citizenship in doubt? (State full facts) …………………………………………………………………
………………………………………………………………… ………………………………………………………………… ………………………………………………………………… …………………………………………………………………
7. Why is a Certificate of Citizenship required at the moment? …………………………………………………………………
8. List of documents accompanying the application. ………………………………………………………………… ………………………………………………………………… ………………………………………………………………… …………………………………………………………………
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature ………………………… Place …………………………….. Date ………………………………
Attestation ………………………………………. Designation ……………………………………... Place and Date …………………………………..
257 APPENDIX-X FORM ‘R’ (Vide rule 20)
Application for Registration as a Citizens of Pakistan by a British subject (or a Commonwealth Citizens)
1. Name of the applicant (in block letters) ………………………………………………......
2. Father’s Name ……………………………………………………………
3. Full address: (i) in the U.K., Colonies or ……..……………………………………………………………. Commonwealth countries (ii) in Pakistan (if any) …………………………………………………………………
4. Date and place of birth of applicant …………………………………………………………………
5. Education or special qualifications …………….……………………………………………………
6. Occupation or trade …………………………………………………………………
7. Income and its source …………………………………………………………………
8. Reason for seeking Citizenship of Pakistan ………..………………………………………………
9. Name and ages of wife Name Age and children: 1. ……………………… …………………………. 2 ……………………… …………………………. 3 ……………………… …………………………. 4 ……………………… …………………………. 5 ……………………… …………………………. 6 ……………………… …………………………. 7 ……………………… ………………………….
10. Knowledge of languages ……………………………………….……………………….
11. Number and date of issue of ……………………………………….………………………. the certificate of British nationality of the applicant.
12. Are Pakistanis subject to any ……………………………………….………………………. disqualification in the country to which the applicant belongs?
13. List of documents attached. ……………………………………….………………………. ……………………………………….………………………. ……………………………………….………………………. ……………………………………….……………………….
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature ………………………… Place …………………………….. Date ………………………………
Attestation ………………………………………. Designation ……………………………………... [[[ Place and Date …………………………………..APPENDIX -XI
258
FORM ‘S’ (Vide rule 21)
Application for Registration of birth of a child of a Citizen of Pakistan born in a country outside Pakistan
To: ……………………………………………. …………………………………………….
Sir,
The undersigned reports the birth of male/female child to Mr. and Mrs………….…………………. (in block letters) on …………………………… day of ……………………19 ………… at………………… District ……………………………… Country ………………………………………………………………
The child has been named ……………………………………………………………. (block letters)
I am the father/guardian of the child and my full name and address is as follows:
Name with father’s name……..…………………………………………………..….(block letters) Address in country outside Pakistan ………………………………………………………………… Address in Pakistan ………………………………………………………………………………….
I/the child’s father was not at the time of the child’s birth a servant of a Government in Pakistan …………………………… or of an international organization of which Pakistan was at any time during that period a member. The full names and address of the child’s parents are given below:
Father’s name and address in Name with father’s name …………………………………… Pakistan and in the country (in block letters) outside Pakistan Address in Pakistan ………………………………………….. Address in the country outside Pakistan …………………….. ………………………………………………………………..
Mother’s name and address in Name with father’s name ……………………………………. Pakistan and in the country (in block letters) outside Pakistan Address in Pakistan …………………………………………. Address in the country outside Pakistan ……………………. ……………………………………………………………….
I am attaching the following documents in proof of my citizenship of Pakistan and of the child’s birth as reported above: (a) …………………………………………………………………………………………….. (b) ……………………………………………………………………………………………… (c) ………………………………………………………………………………………………
259 I am a national of ………………………………… (give name of the country) also and I give the following particulars of the nationality certificate and passport issued by that country:-
(a) number and date of issue of nationality certificate. (b) Number, date and place of issue of passport.
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature ………………………… Place …………………………….. Date ………………………………
Attestation ………………………………………. Designation ……………………………………... Place and Date …………………………………..
1. Inserted vide S.R.O. 155/ (I)/73 dated 01-02-1973
260 APPENDIX – XII FORM ‘T’ (Vide rule 22) Form of statement for annual registration by a Citizen of Pakistan resident abroad
To: …………………………………. …………………………………. Sir, I ………..………………..…. son of …….…………………...aged ……………… (Name in block letters) (Name in block letters) having arrived in ………………………………….day of ………………………….wish to be registered with your Mission as a citizen of Pakistan for the year …………….………...
I hold passport No……………………………………….dated…………………… issue at …………………………………….valid up to …………………………………….
1I am a national of ………………………….. (Give name of the country) also and I give the following particulars of the nationality certificate and passport issued by that country:
(a) Number and date of nationality certificate. (b) Number, date and place of issue of passport.
The name and description of the members of my family living here with me and my address in Pakistan and in this country are given on the reverse. I wish to retain my citizenship of Pakistan. Kindly register me as such for the year …………………………..
Signature…………………………… Place…...…………………………… Date………………………………… Name and address at which acknowledgement …………………………………………… is to be delivered.
[Reverse] Name and ages of wife and children Name Age
1. …………………………. ……… 2. …………………………. ……… 3. …………………………. ……… 4. …………………………. ……… 5. …………………………. ………
Address in Pakistan ……………………………………………………………………… Address in the country outside Pakistan ……………………………………………….… Acknowledgement From To
Sir, With reference to your application of …………………………….. you have been registered as a citizen of Pakistan for 19…… ______1 Inserted vide S.R.O. 155 (1)73 dated 01-02-1973. 261 APPENDIX-XIII FROM ‘A-1’ Certificate of Citizenship (at the commencement of the Act)
WHEREAS AB ……………………………………………………………………… has applied for a certificate of citizenship at the commencement of the Act, alleging with respect to himself/herself the particulars set out below and has satisfied the Government that the conditions laid down in section …………………….of the above mentioned Act for the grant of a certificate of citizenship at the commencement of the Act are fulfilled in the said AB’s …………………………..case.
Now, therefore, in pursuance of the powers conferred by the said Act and the Rules made there under, the Government thereby grant to the said AB……………………… this certificate of citizenship of Pakistan and declare that subject to the provision of the said Act he shall be deemed to be a citizens of Pakistan and shall be entitled to all the rights, privileges, and capacities to which a citizen of Pakistan is entitled to and shall also be subject to all the obligations, duties and liabilities of a citizen of Pakistan under any or all the laws of Pakistan.
In witness whereof I have hereto subscribed my name this day of ………………. 19……….. Signed …………………………………………. Secretary to the Government
Particulars relating to the Applicant
Full name ……………………………………………………………………………….
Father’s name …………………………………………………………………………..
Address in Pakistan or abroad …………………………………………………………………. Married, single, widow or widower …………………………………………………………… Name of wife or husband ……………………………………………………………... ……... Names of children and their ages: Name Age 1. ……………………….. ……………………….. 2. ……………………….. ……………………….. 3. ……………………….. ……………………….. 4. ……………………….. ………………………..
PHOTOGRAPH Signed ………………………………………….. Secretary to the Government Date …………………………………………….
262 APPENDIX-XIV FORM ‘P-1’ (Vide rule 23) Certificate of Domicile
Sir, WHEREAS AB……………………………son of …………………………………has (name in Block letters) (name in Block letters) applied for a certificate of domicile under the Pakistan Citizenship Act, 1951 (II of 1951), alleging with respect to himself/herself the particulars set out below, and has satisfied the undersigned that the conditions laid down in section 17 of the said Act for the grant of a certificate of domicile are fulfilled in the said AB’s ………………………………….case. Now, therefore, in pursuance of the powers conferred by the said Act and the Rules made thereunder, the undersigned hereby grants to the said AB…………this certificate of domicile. In witness whereof I have hereto subscribed my name this day of …………………
Signature ……………………………….. Place …………………………………… Date … …………………………………
Particulars relating to the Applicant
Full name ………………………………………………………………………………………. Father’s name ………………………………………………………………………………….. Address in Pakistan ……………………………………………………………………………. Address in the country outside Pakistan ……………………………………………………….. Place of domicile: Place……………...Tehsil…..………..…District….…………… Prov/Adman…………….………………………………………. Date of arrival in the place of domicile ………………………………………………………... Married/single/widow/widower………………………………………………………………... Name of wife or husband ……………………………………………………………………… Names of children and their ages: Name Age 1. …………….………….. …….………………….. 2. …………….………….. …….………………….. 3. …………….………….. …….………………….. 4. …………….………….. …….………………….. 263
Trade or occupation…………………………………………………………………………….. Marks of identification………………………………………………………………………….
PHOTOGRAPH
Signed ………………………………………….. Designation...…………………………………… Place Date……………………………………………..
264 APPENDIX-XV FORM ‘Q-1’ (Vide rule 24) Certificate of Citizenship in Doubt
WHEREAS AB………………………………………………………………………… has applied for a certificate of alleging with respect to himself/herself the particulars set out bellow, and further that his/her citizenship of Pakistan is in doubt. Now, therefore, in pursuance of the powers conferred by the said Act and the Rules made thereunder, the Government hereby grant to the said AB …………….….. this certificate, which shall remain in force till…………………………………but not later than one year after the date of issue of this certificate. During its validity this certificate shall be conclusive evidence of the fact recorded in it and shall entitle the said AB ………………………………………to all the rights, privileges, and capacities to which a citizens of Pakistan is entitled to and shall subject him to all the obligation, duties and liabilities of a citizen of Pakistan under any or all the laws of Pakistan. In witness whereof I have hereto subscribed my name this day of …………………. 19 ………… Signed………………………………………….. Secretary to the Government
Particulars relating to the Applicant Full name…………………… …………………………………………………………………. Father’s name…………………………………………………………………………………... Address in Pakistan or abroad …………………………………………………………………. Married, single, widow or widower …………………………………………………………… Name of wife or husband ……………………………………………………………... ……... Names of children and their ages: Name Age 1. ……………………….. ……………………….. 2. ……………………….. ……………………….. 3. ……………………….. ……………………….. 4. ……………………….. ………………………..
PHOTOGRAPH
Signed ………………………………………….. Secretary to the Government Date …………………………………………….
265 APPENDIX-XVI FORM ‘R-1’ Certificate of Registration as a Citizen of Pakistan
WHEREAS AB………………………………………………………………………… has applied for a certificate of registration as citizen of Pakistan alleging with respect to himself/herself the particulars set out bellow, and has satisfied the Government that the conditions laid down in section------of the above mentioned Act for the grant of a certificate of registration as a citizen of Pakistan are fulfilled in the said AB’s…………………………….case. Now, therefore, in pursuance of the powers conferred by the said Act and the Rules made thereunder, the Government hereby grant to the said AB ……………………….….. this certificate of registration as a citizen of Pakistan and declare that subject to the provisions of the said Act he is deemed to be a citizen of Pakistan and shall be entitled to all the rights, privileges and capacities to which a citizen of Pakistan is entitled and shall also be subject to all the obligations, duties and liabilities obligations, duties and liabilities of a citizen of Pakistan under any or all the laws of Pakistan In witness whereof I have thereto subscribed my name this day of …………………. 19 ………… Signed………………………………………….. Secretary to the Government
Particulars relating to the Applicant Full name…………………… …………………………………………………………………. Father’s name…………………………………………………………………………………... Address in Pakistan or abroad …………………………………………………………………. Married, single, widow or widower …………………………………………………………… Name of wife or husband ……………………………………………………………... ……... Names of children and their ages: Name Age 1. ……………………….. ……………………….. 2. ……………………….. ……………………….. 3. ……………………….. ……………………….. 4. ……………………….. ………………………..
PHOTOGRAPH
Signed ………………………………………….. Secretary to the Government Date …………………………………………….
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APPENDIX -XVII FORM ‘S-1’ (Vide rule 21) Certificate of registration of birth in a country outside Pakistan of a child born to a citizen of Pakistan
WHEREAS AB ………………………………………………………………………... has reported the birth of a child named………………………………………………………son of………………………………………………………….…alleging with respect to that child and himself the particulars set out below. Now, therefore, in pursuance of the Pakistan Citizenship Rules, 1952 it is hereby certified that the birth of the said child has been registered for the purposes of the Pakistan Citizenship Act and the Rules made thereunder. In witness whereof I have hereto subscribed my name this day……………………….
Signed………...……………………….. (Pakistan Representative in the country outside Pakistan)
Particulars relating to the Child and Applicant
Full name of child ………………………………………………………….. Father’s name and address in Name…………………………………………………… Pakistan and in country Address in Pakistan…………………………………….. Outside Pakistan Address in the country outside Pakistan………………... ………………………………………………………….. Date and place of birth of the child Place………………….District………………………… Country…………………………………………………. Date…………………………………………………….. Name and address of child’s Name…………………………………………………… mother in Pakistan and in country Address in Pakistan…………………………………….. Outside Pakistan Address in the country outside Pakistan………………... ………………………………………………………….. Name and address of the applicant Name…………………………………………………… Address in Pakistan…………………………………….. Address in the country outside Pakistan………………... ………………………………………………………….. Marks of identification of the child …………………………………………………………..
PHOTOGRAPH
Signed …...…………………………….. (Pakistan’s Representative in the country outside Pakistan). Date……….…………………………….
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APPENDIX – XVIII 1FORM ‘V’ (Vide rule 28-A and 228-B) Application for copy of 3[Citizenship or domicile certificate] or its Replacement with changed particulars
1. Full name and address of applicant ……………………………………………… (in Block letters) 2. Father’s name ……………………………………………… 3. Number and date of issue of the ……………………………………………… certificate of 4[citizenship or domicile previously] granted. 4. Authority by whom the certificate ……………………………………………… was issued. 5. Reasons for asking for a duplicate ……………………………………………… certificate or for replacement with a new one. 6. Change of particulars desired in the ……………………………………………… certificate. Particulars in the certificate Particulars to be included in the Previous issued new certificate 1. ……………………………. 1. ……………………………………… 2. ……………………………. 2. ……………………………………… 3. ……………………………. 3. ……………………………………… 4. ……………………………. 4. ………………………………………
Documentary proof of change of name ……………………………………………… or other particulars required to be made in the new certificate.
I do solemnly affirm that the above statement is true to the best of my knowledge and belief.
Signature…………………………… Place…...…………………………… Date………………………………… Attestation…………………………… Designation...………………………… Place and Date…….…………………
______
1 Form ‘V’ added by Notification No. 13/33/53-Poll. (I), dated 15th August, 1953, see Gazette of Pakistan, 1953, Pt. I., p. 188.
2 Ins. By Notification No. 1/3/57-Citz., dated the 9th January, 1958, see Gazette of Pakistan, 1958, Pt. I., p. 26.
3 Subs., for ‘citizenship certificate” ibid.
4 Subs., for ‘citizenship previously” ibid. 268
APPENDIX – XIX FORM ‘X’ (Vide rule 19-A) Declaration of Renunciation of Citizenship under Section 14-A of the Pakistan Citizenship Act 1951
1. I ……………………………….. of ………………………….. (here insert address of declarant) am of full capacity and was born at …………………………………. on …………………………………………
2. I have / have not been married.
3. I am a citizen/national of ………………… under the law of that country or hold valid document assuring me of the grant of citizenship or nationality of that country upon renouncing citizenship of Pakistan.
4. I here-by renounce my citizenship of Pakistan. I do solemnly affirm that the foregoing particulars in this declaration are true to the best of my knowledge and belief.
Signature…………………………… Place…...…………………………… Date………………………………… Attestation…………………………… Designation...………………………… Place and Date…….………………… PARTICULARS 1. Full Name: ………………………………………………………………………… 2. Father’s Name: …………………………………………………………………….. 3. Address: ………………………………………………………………………….... 4. Profession or Occupation: …………………………………………………………. 5. Place and Date of Birth: …………………………………………………………… 6. (Second) Nationality: ……………………………………………………………… 7. Single, married, widower, widow or divorced: …………………………………. 8. Name of the wife or Husband: …………………………………………………….. 9. Name and nationalities of parents: ………………………………………………... 10. Names and full particulars of minor: ……………………………………………… children, if any, residing abroad, at: ………………………………………………. the time of making declaration: …………………………………………………... 11. Address in Pakistan: ………………………………………………………………..
PLEASE DO NOT WRITE ANYTHING BELOW THE LINE;
269
APPENDIX-XX FORM ‘X-I’ (Vide rule 19-A) Register of declaration of renunciation of Pakistan citizenship
1. Serial No……………………………………………………….. 2. Full name of declarant and address……………………………. 3. Profession or occupation……………………………………….. 4. Place and date of birth …………………………………………. 5. Citizenship / Nationality of declarant’s parents ………………… 6. Full name of parents……………………………………………….. 7. Married, single, widower, widow or divorced……………………… 8. Name and full particulars of minor children, if any, residing aboard at the time of making declaration……………………………………………….. 9. Place where and date on which declaration made……………………….. 10. Declaration attested by……………………………………………………. 11. Reference to letter alongwith declaration of renunciation received………………………………………………………. 12. Date of registration by the Directorate…………………………………… 13. Remarks…………………………………………………………………..
270
APPENDIX – XXI FORM ‘Y’ (Vide rule 19-B) Declaration of intention to resume Pakistan citizenship under section 14-A of the Pakistan Citizenship Act, 1951
1. I …………………………. son of ………………………… was born at ……...... 2. My father’s full name is / was ……………………………………………………... 3. I ceased to be a Pakistan citizen by virtue of clause (a) of sub-section (2) of section 14-A of the Pakistan Citizenship Act 1951, on ……...………………… by reason of the fact. (Here state the cause whereby the declarant’s father and declarant ceased to be Pakistan citizen, the year and date, in which they ceased to be Pakistan citizens and all other relevant information). 4. If I had not so ceased to be a Pakistan citizen I should now be a Pakistan citizen, by reason of the fact that. (Here state the grounds on which the declarant claims that he or she would have been such a citizen). 5. I hereby declare my intention to resume Pakistan Citizenship and apply for the registration of this declaration. I do solemnly affirm that the foregoing particulars in this declaration are true to the best of my knowledge and belief.
Signature…………………………… Place…...…………………………… Date………………………………… Attestation…………………………… Designation...………………………… Place and Date…….…………………
PARTICULARS 12. Full Name: ………………………………………………………………………… 13. Father’s Name: …………………………………………………………………….. 14. Address: ………………………………………………………………………….... 15. Profession or occupation: …………………………………………………………. 16. Place and date of birth: …………………………………………………………… 17. (Second) Nationality: ……………………………………………………………… 18. Single, married, widower, widow or divorced: …………………………………. 19. Name of the wife or husband: …………………………………………………….. 20. Name and nationalities of parents: ………………………………………………... 21. Names and full particulars of minor: ……………………………………………… children, if any, …………………...………………………………………………. 22. Address in Pakistan: ………………………………………………………………..
PLEASE DO NOT WRITE ANYTHING BELOW THE LINE;
271
APPENDIX-XXI-A FORM ‘Y-I’ (Vide rule 19-B) Register of declaration of resumption of Pakistan citizenship.
1. Serial No……………………………………………………………….. 2. Full name of declarant and address……………………………………. 3. Profession or occupation………………………………………………. 4. Place and date of birth…………………………………………………. 5. Citizenship / Nationality of declarant’s parents……………………….. 6. Full name of parents……………………………………………………. 7. Married, single, widower, widow or divorced…………………………… 8. Place where and date when declaration made…………………………….. 9. Declaration attested by……………………………………………………… 10. Reference to letter alongwith declaration of renunciation received………………………………….. 11. Remarks……………………………………………………………………
272