(4) If the husband is dead at the time the application is made a statement of facts, recorded on oath, which would prove that he had 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 subsection (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 issued by the Provincial Government that the husband would have been entitled to a certificate under rule 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.

15. Any woman who claims citizenship- under subsection (2) of section 10 of the Act shall apply in Form “F” in triplicate to the Federal Government in the following manner, 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 or any other evidence establishing the husband”s citizenship of Pakistan;

(ii) A marriage certificate or any other evidence establishing the applicant”s marriage.

(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-clause (ii) of clause (a), and the certificate mentioned in sub-clause (i) of the clause or by a statement of facts recorded on oath showing that he had 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 of 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 a 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.

(3) The application shall be accompanied by a certificate or 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 :

Proviso : Omitted vide Notification No. 11/62/52 – Poll (1) dated to 23rd April, 1953.

19-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 Director of Immigration and Passports for registration.

(3) There shall be kept by the Director of Immigration and Passports, a register in Form “XI” containing the names of persons whose declaration 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.

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 14-A 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 Director of Immigration and Passports, through the Provincial Government concerned.”

(2) Such declaration shall be registered by the Director 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 Director of Immigration and Passports a register in Form “Yl” containing the names of persons whose declaration of intention to resume Pakistan citizenship are registered under this rule.

20. Acquisition of Pakistan citizenship by Commonwealth citizens.-(1) Any Commonwealth citizen or British protected person may apply in Form “A” in duplicate for the citizenship of Pakistan.

(2) The application shall be submitted to the Pakistan Mission or Consulate in that country or where there is no Pakistan Mission or Consulate in that country to a prescribed Mission or Consulate or to a Pakistan Mission or Consulate in the country nearest to that country. 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 a 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.

21. Registration of birth In countries abroad.-The birth of a child of a citizen of Pakistan occurring in country outside Pakistan shall be registered as 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 that 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 or which Pakistan has at any time during that period been a member.

(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 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 Pakistan 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.

(b) This statement shall be forwarded in duplicate in the first quarter of every year following the year of the arrival in the country of residence.

(c) The Mission or Consulate shall be evidence of his having been formally registered.

23. Certificate of domicile.-The Federal Government, the Provincial Government or any District Magistrate authorised by the Provincial Government in this behalf may on application made to it in this behalf issued a certificate of domicile in Form P-P in the manner following :-

(a) An application for a certificate of domicile shall be made in Form “P” in duplicate, shall be accompanied by an affidavit affirming the trust of the statement 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, and 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 orders on the application as it deems fit.

24. Certificate of citizenship in doubtful cases. (1) The Federal Government may an application made to it in that behalf grant a certificate of citizenship in Form “Q-1” 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 trust of the statement made therein.

(3) The certificate of citizenship granted in “Q-l” 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 and herein provided.

25. Deprivation of citizenship. (1) The Federal Government may on any report from the Provincial Government or on its own motion issue a notice to any person who being a citizen of Pakistan by 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 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 other 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-clause (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 continued residence outside Pakistan of any citizen of Pakistan for a period of seven years beginning not earlier than the commencement of the Act.

(5) An application under sub-section (4) of section 1 of the Act shall be accompanied and by affidavit stating the grounds on which the application is made, an 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 prescribed Mission or Consulate or to a Pakistan Mission or Consulate in the country nearest to that country.

(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 person has obtained his certificate of citizenship certificate of registration as a citizen of Pakistan, certificate of domicile or certificate of 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 (Act V of 1898) to investigate the trust 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 2 of the Act, the Federal or Provincial Government may direct that the said person be prosecuted under section 177 of the Pakistan Penal Code (XIV of 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).

27. Fees. Applications under these Rules shall be accompanied by bank draft of a challan of the value indicated in the Schedule to these Rules. 

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 pardanashin woman.

28-A. Duplicate copies of Certificates of Citizenship. Any person to whom a certificate of citizenship has been granted, may, if his certificate is lost or damage 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 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.

28-B. (a) Any person to whom a certificate 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.

 

29. Miscellaneous. All things done by a Magistrate, District Magistrate or Provincial Government under these Rules shall be deemed to be done by or an behalf of the Federal Government.

 

30. Notwithstanding anything contained in rule 29 above, the Federal Government may at any time entertain any appeal, review or revision application may cancel, suspended, invalidate, extend or revise any certificate issued under these Rules or pass any other orders it may deem necessary or fit.

 

 

SCHEDULE

(Vide Rule 27)

 

Table of Fees

 

Description of applications

Fees For an application claiming citizenship Rs.

1. Under Section 3 (a) of the Act, rule 3 …

40.00

2. Under Section 3 (b) of the Act, rule 4 …

40.00

3. Under Section 3 (c) of the Act, rule 5 …

60.00

4. Under proviso to Section 3 of the Act, rule 6 or 7 …

120.00

 

5. Under Section 4 of the Act, rule 8 Citizenship by birth …

40.00

6. Under Section 5 of the Act, rule 9 …

40.00

7. Under Section 6 of the Act, rule 10 …

40.00

 

8. Proviso to Section 7 of the Act, rule 11 …

60.00

9. Under Section 8 of the Act, rule 12 …

120.00

10. Under Section 9 of the Act, rule 13 …

80.00

11. Under Section 10 of the Act, rules 14, 15 or 16 (Wives) …

40.00

 

12. Under Section 11 of the Act, rule 17 (Minor)

40.00

13. Under Section 14-A (1) and (2) of the Act, rule 19-A and B …

120.00

14. An application for a certificate of domicile, rule 23 …

40.00

15. Certificate under Section 19 of the Act, rule 24 …

200.00

16. Certificate under Section 20, rule 20 :

 

(i) by a Commonwealth citizen other than citizen of India …

40.00

(ii) by an Indian citizen …

200.00

17. Copy of certificate under rule 28-A,3 (or 28-B) duplicate/amendments

40.00

18. Application, appeal, Revision Application under rule 30 …

200.00

 

 

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