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PAKISTAN CITIZENSHIP RULES, 1952

Notification No. 11/42/51-Poll. (1)

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.

“Provincial Government” includes the Chief Commissioner of Balochistan, the Administrator of Karachi, and Governments of Acceding States.

“British Missions of Consulates” means 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 hereinafter prescribed :-

(a) Any person claiming citizenship under clause (a) of section 3 of the Act shall apply in Form “A” in duplicate to a Magistrate of the first class. This application shall be supported by a certificate of birth of the application or any of his parents or grand-parents, as the case may be, issued by:-

(i)  A village officer or an officer-in-charge of a Station.

(ii) A Municipal or Town Committee or Corporation, or

(iii) A Register of Births and Deaths appointed under the British Deaths and Marriages Registration Act, 1886 (VI of 1886).

(b) The Magistrate shall in attestation of the trust 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 in 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 Magistrate 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-1” be granted.

(d) The Provincial Government shall pass such orders on the recommendation as it deems fit.

            4. 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 Magistrate of the first class. 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 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 Magistrate shall in attestation of the trust 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 known the facts of the application and may call for any records relevant toil.

(4) If the Magistrate is satisfied that the applicant is entitled to citizenship under clause (b) of section 3 of the Act, he shall recommend to the Provincial Government that a certificate of citizenship Form “A-1” be granted.

(5) The Provincial Government shall pass such orders on the recommendation as it deems fit.

            5. (1) Any person claiming citizenship under clause (c) of section 3 shall apply in Form *A” in triplicate of the Provincial Government.

(2) Each form shall be attested by a Magistrate and shall be accompanied by an attested copy of the certificate of naturalization.

(3) The Provincial Government may, after making such enquiry as it deem fit and after examining the evidence required by rule 19, recommend to the Federal Government that a certificate of citizenship in Form “A-1” be granted.

(4) The Federal Government shall pass such orders on the recommendation as it deems fit.

6. 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 Magistrate of the first class.

(2) The Magistrate 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 known the facts of the application and may call for any records relevant to it.

(4) If the Magistrate 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-1” be granted.

(5) The Provincial Government shall pass such orders on the recommendation as it deems fit.

7. Omitted vide Notification No. 11/62/52 Poll. (1), dated 23rd April, 1953.

8. Citizenship by birth.-(1) Any person claiming citizenship under section 4 of the Act shall apply in Form “B” in duplicate to a Magistrate of the first class of the District here he was born.

(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 Magistrate, 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-1” be graced.

(4) The Provincial Government shall pass such orders on the recommendation as it deems fit.

9. Citizenship by descent.–(l) Any person claiming citizenship by descent under section 5 of the Act shall apply in Form “B” to the Provincial Government of the areas 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 father, and .

(b) evidence establishing his relationship with his father:

Provided that where the certificate of citizenship indicates that the father 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 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 father was in the service of a Government in Pakistan at the time of the applicant”s birth in that other country.

(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 after the 13th April, 1951 but before the first day of January, 1952.

(3) The Provincial Government, after such inquires 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.

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” is 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 trust 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 the country or where there is no Pakistan Mission or Consulate in the country to a prescribed Mission or Consulate or to a Pakistan Mission or Consulate in the country nearest to that country.

(b) Every application under this rule shall be accompanied :-

(i) By a certificate of domicile issued by a District Magistrate 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 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 certificates 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 ;

(b) The Mission or Consulate shall forward the application with its recommendation to the Federal Government which shall pass such orders on its 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 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 statements made therein ;

(b) A certificate of Naturalization under the Naturalization Act, 1926 (VII of 1926);

(c) A certificate that the applicant had taken the oath of allegiance to the Constitution of Pakistan within the period prescribed by section 6 of the Naturalization Act, 1926.

(3) The Federal Government, after making such inquiries as it considers necessary, may grant a certificate of registration in Form “R-1” or reject the application.

(4) Where an exemption from producing certificate of naturalization is sought, the application 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.

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 subsection (1) of section 16-A of the Act of under the proviso to-that subsection may be granted a certificate in the manner hereinafter prescribed, namely :-

(i) He shall apply in Form “E-1” in duplicate to a Magistrate of the first class, and if at the time of making the application he is residing in a foreign country, to the Pakistan Mission or Consulate in the 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:

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 trust of the statement made therein.

(ii) Where the application is made to a Magistrate, the Magistrate shall, in attestation of the trust of the statement made in the application administer an oath or affirmation to the application.

(iii) The Magistrate 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 Magistrate or the Pakistan Mission or Consulate is satisfied that the applicant is entitled to citizenship under subsection (1) of section 16-A of the Act, he or as the case may be, it shall recommend, if he is a Magistrate to the Provincial Government, and, if it is a Pakistan Mission or Consultant 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 subsection (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 a Magistrate of the first class, 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, to 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 trust of the statement made therein.

(ii) The Magistrate shall, in attestation of the trust of the statement made in the application, administer and oath or affirmation to the applicant.

(iii) The Magistrate 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 Magistrate or the Pakistan Mission or Consulate in satisfied that the applicant is entitled to citizenship under subsection (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:

Provided that the Magistrate shall make the recommendation through the Provincial Government.

(v) The Federal Government shall pass such orders as it deems fit.

14. Married Women. (1) Any woman who by reason of her marriage to a British subject has acquired the status of a 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 or any other evidence establishing the applicant”s marriage; and

(b) Her husband”s certificate of citizenship 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.

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