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PAKISTAN CITIZENSHIP ACT, 1951

 

Section

CONTENTS

 

Preamble

1

Short title and commencement.

2

Definitions.

3

Citizenship at the date of commencement of this Act.

4

Citizenship by birth.

5

Citizenship by descent.

6

Citizenship by migration.

7

Persons migrating from the territories of Pakistan.

8

Rights of citizenship of certain persons resident abroad.

9

Citizenship by naturalization.

10

Married women.

11

Registration of minors.

12

Citizenship by registration to begin on date of registration.

13

Citizenship by incorporation of territory.

14

Dual citizenship or nationality not permitted.

14-A

Renunciation of citizenship.

14-B

Certain persons to be citizens of Pakistan.

15

Persons becoming citizens to have the status of Commonwealth citizens.

16

Deprivation of citizenship.

16-A

Certain persons to lose and others to retain citizenship.

17

Certificate of domicile.

18

Delegation of persons.

19

Case of doubt as to citizenship.

20

Acquisition of Pakistan citizenship by citizens of Commonwealth' countries.

21

Penalties.

22

Interpretation.

23

Rules.

 

PAKISTAN CITIZENSHIP ACT, 1951

 

(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.- ln this Act :-

'Alien' means a person who is not citizen of Pakistan or a Commonwealth citizen;

'Indo-Pakistan sub-continent' means India as defined in the Government of India Act, 1935, as originally enacted;

'Minor' means, notwithstanding anything in the Majority Act, 1875, any person who has not completed the age of twenty-one years;

'Prescribed' means prescribed by rules made under this Act;

'Commonwealth citizen' means a person who has the status of a Commonwealth citizen under the British Nationality Act, 1948;

'British protected person' means a person who has the status of a British protected person for the purposes of the British Nationality Act, 1948.

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, 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 renounced the same by depositing a declaration in writing to that effect with an authority appointed or empowered to receive it; or

(d) Who before the commencement of this Act 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.

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 every 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 provision of section 3 a person born after the commencement of this Act, shall be a citizen of Pakistan by descent if his father is a citizen of Pakistan at the time of his birth :

Provided that if the father 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 Pakistan Consulate or Mission in that country, or where there is no Pakistan Consulate or Mission in that country 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 father, is, at the time of the birth, in the service of any Government in Pakistan. Accused allegedly entering Pakistan from India.-On emergency certificate in 1965 and getting Pakistan National Identity Cards though their emergency certificate was not extended after 1966. Accused acquitted under S. 249-A, Cr.P.C. Revision against. One accused being a citizen of Pakistan, his son (accused) and his daughter were entitled to citizenship of Pakistan under S. 5 of Citizenship Act, 1951. Other accused who was Indian National before her marriage with first accused, case was covered by subsection (2) of S. 10 of Act II of 1951. On coming to know said position she applied for grant of Pakistan citizenship. Same was mere irregularity which was result of ignorance of Pakistan law by her which, held, could be regularized by said certificate. Order of acquittal not interfered in circumstances.

 

6. Citizenship by migration.– (1) The [Federal Government] may, upon his obtaining a certificate of domicile under this Act, register as a citizen of Pakistan by migration any person who [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 Federal Government may, by general or special order, except any person or class persons from obtaining a certificate of domicile require under this subsection.

(2) Registration granted under the preceding subsection 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 for the territories now included in Pakistan to the territories now included in India shall not be a citizen of Pakistan under the provision of these sections :

Provided that nothing in this section shall apply to a person who, after having go migrated to the territories now included in 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.-(1) The Federal Government may, upon application made to it in this half, register as a citizen of Pakistan any person who, or whose father or whose father's father, who 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 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 become's before the aforesaid application is made a citizen of Pakistan.

[(2) 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 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 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 register that person as a citizen of Pakistan by naturalization :

Provided that the Federal Government may register any person as 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 [British subject] before the first day of January, 1949, has acquired the status of a 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 subsection (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 therefore to the Federal Government in the prescribed manner, add, 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 sub-section (1) of section 6 (whether the migrated is 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 taken the oath therein mentioned.

(4) A person who has ceased to be 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 s registered with the previous consent of the Federal Government.

 

11. Registration of minors.–(1) The 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 Federal Government may in such circumstances as it thinks fit, register any minor, as a citizen of Pakistan.

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