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  "title": "PAKISTAN CITIZENSHIP ACT, 1951",
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  "text": "THE PAKISTAN CITIZENSHIP ACT, 1951 \r\n(II of 1951) \r\nCONTENTS \r\n1. Short title and commencement \r\n2. Definitions \r\n3. Citizenship at the date of commencement of this Act \r\n4. Citizenship by birth \r\n5. Citizenship by descent \r\n6. Citizenship by migration \r\n7. Persons migrating from the territories of Pakistan \r\n8. Rights of citizenship of certain persons resident abroad \r\n9. Citizenship by naturalization \r\n10. Married women \r\n11. Registration of minors \r\n12. Citizenship by registration to begin on date of registration \r\n13. Citizenship by incorporation of territory \r\n14. Dual citizenship or nationality not permitted \r\n14-A Renunciation of citizenship \r\n14-B Certain persons to be citizens of Pakistan \r\n15. Persons becoming citizens to have the status of Commonwealth citizens \r\n16. Deprivation of citizenship \r\n16-A Certain persons to lose and others to retain citizenship \r\n17. Certificate of domicile \r\n18. Delegation of persons \r\n19. Cases of doubt as to citizenship \r\n20. Acquisition of Pakistan citizenship by citizens of Commonwealth' \r\ncountries \r\n21. Penalties \r\n22. Interpretation \r\n23. Rules \r\nTEXT \r\nTHE PAKISTAN CITIZENSHIP ACT, 1951 \r\n(II of 1951) \r\n[13th April, 1951] \r\nAn \r\nAct \r\nto provide for Pakistan Citizenship \r\nPreamble.– Whereas it is expedient to make provision for citizenship of Pakistan; \r\nIt is hereby enacted as follows:– \r\n1. Short title and commencement .– (1) This Act may be called the Pakistan \r\nCitizenship Act, 1951. \r\n(2) It shall come into force at once– \r\n2. Definitions.– In this Act:– \r\n'Alien' means a person who is not citizen of Pakistan or a Co mmonwealth \r\ncitizen; \r\n'Indo-Pakistan sub -continent' means India as defined in the Government of \r\nIndia Act, 1935, as originally enacted; 'minor' means, notwithstanding \r\nanything in the Majority Act, 1875, any person who has not completed the age \r\nof twenty-one years; 'prescribed' means prescribed by rules made under this \r\nAct; \r\n'Commonwealth citizen' means a  person who has the status of a \r\nCommonwealth citizen under the British Nationality Act, 1948; \r\n'British protected person' means a person who has the status of a  British \r\nprotected person for the purposes of the British Nationality Act, 1948. \r\n3. Citizenship at the date of commencement of this Act .– At the \r\ncommencement of this Act every person shall be deemed to be a citizen of \r\nPakistan:– \r\n(a) who or any of whose par ents or grandparents was born in the territory \r\nnow included in Pakistan and who after the fourteenth day of August, \r\n1947, has not been permanently resident in any country outside \r\nPakistan; or \r\n(b) who or any of whose parents or grandparents was born in the \r\nterritories  included in India on the thirty -first day of March, 197 3, and \r\nwho, except in the case of a person who was in the service of Pakistan \r\nor of any Government or Administration in Pakistan at the \r\ncommencement of this Act, has or had his domicile wi thin the meaning \r\nof Part II of the Succession Act, 1925, as in force at the \r\ncommencement of this Act, in Pakistan or in the territories now \r\nincluded in Pakistan;  \r\nOr \r\n(c) Who is a person naturalized as a British subject in Pakistan; and who, \r\nif before  the date of the commencement of this Act he has acquired \r\nthe citizenship of any foreign State, has before that date renounced the \r\nsame by depositing a declaration in writing to that effect with an \r\nauthority appointed or empowered to receive it; or \r\n(d) Who before the commencement of this Act migrated to the territories \r\nnow  Included in Pakistan from any territory in the Indo -Pakistan sub-\r\ncontinent outside those territories with the intention of residing \r\npermanently in those territories.  Proviso.Omitted by the Pakistan \r\nCitizenship Act, V of 1952, and Section 3. \r\n4. Citizenship by birth.– Every person born in Pakistan after the \r\ncommencement of this Act shall be a citizen of Pakistan by birth: \r\nProvided that a person shall not be such a citizen by virtue of this section if at \r\nthe time of his birth:– \r\n(a) his father possesses such immunity from suit and legal process as is \r\naccorded to an every of an external sovereign power accredited in \r\nPakistan and is not a citizen of Pakistan; or \r\n(b) His father is an enemy alien and the birth occurs in a place then under \r\noccupation by the enemy. \r\nCOMMENTS   \r\n5. Citizenship by descent.– Subject to the provision of section 3 a person born \r\nafter the commencement of th is Act, shall be a citizen of Pakistan  by descent if his \r\nparent is a citizen of Pakistan at the time of his birth: \r\nProvided that if the \r\n1\r\n[parent] of such person is a citizen of Pakistan by descent \r\nonly, that person shall not be a citizen of Pakistan by virtue of this section unless:– \r\n(a) that person's birth having, occurred in a countr y outside Pakistan the \r\nbirth is registered at Pakistan Consulate or Mission in that country, or \r\nwhere there is no Pakistan Consulate or Mission in that country at the \r\nprescribed Consulate or Mission or at a Pakistan Consulate or Mission \r\nin the country nearest to that country ; or \r\n(b) That person's \r\n2\r\n[parent] is, at the time of the birth, in the service of any \r\nGovernment in Pakistan.  \r\n6. Citizenship by migration .– (1) The \r\n3\r\n[Federal Government] may, upon his \r\nobtaining a certificate of domicile under this Act, register as a citizen of Pakistan by \r\nmigration any person who \r\n4\r\n[after the commencement of this Act and before the first \r\nday of January, 1952, has migrated] to the territories now included in Pakistan from \r\n                                                 \r\n1Subs for the word “father” by ordinance NO. XIII of 2000 dated 18-04-2000. \r\n2Subs for the word “father” by ordinance NO. XIII of 2000 dated 18-04-2000. \r\n3Subs for “Central Government” by Act XLVII of 1973, \r\n4Subs, by the Pakistan Citizenship (Admt) Act. 1952 (V of 1952), S.5. for “before the commencement of this act migrated.” \r\nany territory in the Indo -Pakistan sub -continent outside those territories, with the \r\nintention of residing permanently in those territories: \r\nProvided that the Federal Government may, by general or special order, \r\nexcept\r\n5\r\n any person or class persons from obtaining a certificate of domicile require \r\nunder this subsection. \r\n(2) Registration granted under the preceding subsection shall include \r\nbesides the person himself, his wife, if any, unless his marriage with her has been \r\ndissolved and any minor child or his dependent whether wholly or partially upon him. \r\n7. Persons migrating from the territories of Pakistan .– Notwithstanding \r\nanything in sections 3, 4 and 6, a person who has after the first day of March 1947, \r\nmigrated for the territories now included in Pakistan to the territories now included in \r\nIndia shall not be a citizen of Pakistan under the provision of these sections: \r\nProvided that nothing in this section shall apply to a person who, after having \r\ngo migrated to the territories now included in India has returned to the territories now \r\nincluded in Pakistan under a permit for resettlement or permanent return issued by \r\nor under the authority of any law for the time being in force. \r\n8. Rights of citizenship of certain persons reside nt abroad .– 6\r\n(1) The \r\nFederal Government may, upon application made to it in this half, register as a \r\ncitizen of Pakistan any person who, or whose father or whose father's father, who \r\nborn in the Indo -Pakistan sub-continent and who is ordinarily resident in  a country \r\noutside Pakistan at the commencement of this Act, if he has unless exempted by the \r\nFederal Government in this behalf, obtained a certificate of domicile: \r\nProvided that  certificate of domicile shall not be required in the case of any \r\nsuch person who is out of Pakistan under the protection of a Pakistan passport, or in \r\nthe case of any such person whose father or whose father's father is at the \r\ncommencement of this Act residing in Pakistan or become's before the aforesaid \r\napplication is made a citizen of Pakistan. \r\n7\r\n(2) A subject of the State of Jammu and Kashmir who, being under the \r\nprotection of a Pakistan passport, is resident in the United Kingdom or such other \r\ncountry as the Federal Government may, by notification in the official Gazette, \r\nspecify in this behalf, shall, without prejudice to his rights and status as a subject of \r\nthat State, be deemed to be, and to have been, a citizen of Pakistan]. \r\n9. Citizenship by naturalization .– The Federal Government may, upon an \r\napplication made to it in that behalf by any person who has been granted a certificate \r\nof naturalization under the Naturalization Act, 1926 register that person as a citizen \r\nof Pakistan by naturalization: \r\nProvided that the Federal Government may register any person as citizen of \r\nPakistan without his having obtained a certificate of naturalization as aforesaid. \r\n                                                 \r\n5All Gov. servants includent optees coming form the late govt. of India, shall as a class be exempt from obtaining the certificate \r\nof domicile, see Gaz. Of Pakistan 1952, R.1, P113. \r\n6Re-numbered by Pakistan Citizenship. (Amdt.) Act. (XLVII of 1973), S.2 \r\n7Added by Act XLVIII of 1973, Pub in Gaz of Pakistan Ext., Part I, dt. 19-06-1933 [PLD 1973 Cent. St. P. 528] \r\n10. Married women.– (1) any woman who by reason of her marriage to a \r\n8\r\n[British \r\nsubject] before the first day of January, 1949, has acquired the status of a British \r\nsubject shall, if her husband becomes a citizen of Pakistan, be a citizen of Pakistan. \r\n(2) Subject to the provisions of sub -section (1) and subsection (4) a \r\nwoman who has been married to a citizen of Pakistan or to a person who but for his \r\ndeath would have been a citizen of Pakistan under section 3, 4 or 5 shall be entitled, \r\non making application therefore to the Federal Government in the prescribed \r\nmanner, add, if she is an alien, on obtaining a certificate of domicile and taking the \r\noath of allegiance in the form set out  in the Schedule to this Act, to be registered as \r\na citizen of Pakistan whether or not she has completed twenty -one years of her age \r\nand is of full capacity. \r\n(3) Subject as aforesaid, a woman who has been married to a person who, \r\nbut for his death, could h ave been a citizen of Pakistan under the provisions of sub -\r\nsection (1) of section 6 (whether the migrated is provided in that sub -section or is \r\ndeemed under the proviso to section 7 to have so migrated) shall be entitled as \r\nprovided in sub -section (2) subj ect further, if she is an alien, to her obtaining the \r\ncertificate and taken the oath therein mentioned. \r\n(4) A person who has ceased to be citizen of Pakistan under section 14 or \r\nwho has been deprived of citizenship of Pakistan under this Act shall not be e ntitled \r\nto be registered as a citizen thereof under this section but may be s registered with \r\nthe previous consent of the Federal Government. \r\n11. Registration of minors.– (1) The Federal Government may, upon application \r\nto it in this behalf made in the prescribed manner, by a parent or guardian of a minor \r\nchild of a citizen of Pakistan, register the child as a citizen of Pakistan. \r\n(2) The Federal Government may in such circumstances as it thinks fit, \r\nregister any minor, as a citizen of Pakistan. \r\n12. Citizenship by registration to begin on date of registration .– Any person \r\nregistered as a citizen of Pakistan shall be such a citizen from the date of his \r\nregistration. \r\n13. Citizenship by incorporation of territory.– lf any territory becomes a part of \r\nPakistan the \r\n9\r\n[President] may, by order, specify the persons who shall be citizens of \r\nPakistan by reason of their connection with that territory : and those person shall be \r\ncitizens of Pakistan from such date and upon conditions, if any, as may be specified \r\nin the order. \r\n14. Dual citizenship or nationality not permitted .– (1) Subject to the provisions \r\nof this section if any person is a citizen of Pakistan under the provisions of this Act, \r\nand is at the same time a citizen or national of any other country he shall, unl ess he \r\nmakes a declaration according to the laws of that other country renouncing his status \r\nas citizen or national thereof, cease to be a citizen of Pakistan. \r\n                                                 \r\n8Subs, by the Pakistan Citizenship (Amdt) Act, 1952 (V of 1952) S. 6, for “Commonwealth Citizen.” \r\n9Subs. by AO 1961 Act, w, for “Governor-General “ w.e.f 23rd March 1956) \r\n10\r\n(IA) Nothing in sub -section (1) applies to a person who has not attained \r\ntwenty-one years of his age: \r\n(2) Nothing in sub-section (1) shall apply to any person who is a subject of \r\nan Acceding State so far as concerns his being a subject of that State. \r\n11\r\n(3) Nothing in sub-section (1) shall apply, or shall be deemed ever to have \r\napplied at any stage, t o a person who being, or having at any time been, a citizen of \r\nPakistan, is also the citizen of the United Kingdom and Colonies or of such other \r\ncountry as the Federal Government may, by notification in the official Gazette, \r\nspecify in this behalf. \r\n(4) Nothing in sub -section (1) shall apply to a female citizen of Pakistan \r\nwho is married to a person who is not a citizen of Pakistan. \r\n12\r\n[14-A. Renunciation of citizenship .– (1) If any citizen of Pakistan residing outside \r\nPakistan, who is not a minor and:– \r\n(a) is also a citizen or national of another country, or \r\n(b) has been given by the competent authority of another country any valid \r\ndocument assuring him of the grant of the citizenship or nationality of \r\nthat other country upon renouncing his citizenship of Paki stan, makes \r\nin the prescribed manner a declaration renouncing his citizenship of \r\nPakistan, the declaration shall be registered by the prescribed \r\nauthority; and upon such registration that person shall cease to be a \r\ncitizen of Pakistan: \r\nProvided that, if an y such declaration is made during any war in which \r\nPakistan may be engaged, registration thereof shall be withheld until the Federal \r\nGovernment otherwise directs. \r\n(2) Where a male person ceases to be a citizen of Pakistan under \r\nsubsection (1)– \r\n(a) Every such minor child of that person as is residing outside Pakistan \r\nshall thereupon ease to be a citizen of Pakistan: \r\nProvided that any such child may, within one year of his completing the age of \r\ntwenty-one years, make a declaration that he wishes to resume the  citizenship of \r\nPakistan and shall upon the making of such declaration become a citizen of \r\nPakistan; and \r\n(b) Every such minor child of that person as is residing in Pakistan shall \r\ncontinue to be a citizen of Pakistan. \r\n13\r\n[14-B.Certain persons to be citizens of Pakistan .– A person who being a subject \r\nof the State of Jammu and Kashmir, has migrated to Pakistan with the intention of \r\nresiding therein until such time as the relationship between Pakistan and that State is \r\nfinally determined, shall, without prejudice to his status as such subject, be a citizen \r\nof Pakistan. \r\n                                                 \r\n10Sub section ; A insent., ibid \r\n11Added by Act XVII of 1972 Pub. In Gaz fo Pakistan Extd., Part I, dt 25 Sep, 1972 [PLD 1973 Cent v St. P, Li] \r\n12Inserted by Act XVII of 1972 Pub in Gaz of Pakistan Extd., Part I dt. 25th Sep, 1972 [PLD 1973 cent. St. P.11) \r\n13Inst. By Act XXXIX of 1973 [PLD 1973 cent. St. P 484] \r\n15. Persons becoming citizens to have the status of Commonwealth \r\ncitizens.– Every person becoming a citizen of Pakistan under this Act shall have the \r\nstatus of a Commonwealth citizen. \r\n16. Deprivation of citizenship .– (1) a citizen of Pakistan shall cease to be a \r\ncitizen of Pakistan if he is deprived of t hat citizenship by an order under the next \r\nfollowing subsections. \r\n(2) Subject to the provisions of this section the Federal Government may \r\nby order deprive any such citizen of his citizenship if it is satisfied that he obtained \r\nhis certificate of domicile or certificate of naturalization under the Naturalization Act, \r\n1926 by means of fraud, false representation or the concealment of any material \r\nfact, or if his certificate of naturalization is revoked. \r\n(3) Subject to the provisions of this section the Feder al Government may \r\nby order deprive any person who is a citizen of Pakistan by naturalization of his \r\ncitizenship of Pakistan if it is satisfied that the citizen:– \r\n(a) Has shown himself by any act or speech to be disloyal or disaffected to \r\nthe Constitution of Pakistan; \r\n(b) has, during a war in which Pakistan is or has been engaged, unlawfully \r\ntraded or communicated with the enemy or engaged in or associated \r\nwith any business that was to his knowledge carried on in such a \r\nmanner as to assist the enemy in that war; or \r\n(c) Has within five years of being naturalized been sentenced in any \r\ncountry to imprisonment for a term of not less than twelve months. \r\n(4) The Federal Government may on an application being made or on its \r\nown motion by order deprive any citizen of  Pakistan of his citizenship if it is satisfied \r\nthat he has been ordinarily resident in a country outside Pakistan for a continuous \r\nperiod of seven years beginning not earlier than the commencement of this Act and \r\nduring that period has neither:– \r\n(i) been at any time in the service of any Government in Pakistan or of an \r\nInternational Organization of which Pakistan has, at any time during \r\nthat period been a member; or \r\n(ii) registered annually in the prescribed manner at a Pakistan Consulate \r\nor Mission or in a country where is no Pakistan Consulate or Mission at \r\nthe  \r\nPrescribed Consulate or Mission or at a Pakistan Consulate or Mission \r\nin a country to the country of his residence his intention to retain \r\nPakistan citizenship. \r\n(5) The Federal Government shall not make an order depriving a person of \r\ncitizenship under this section unless it is satisfied that it is in the public interest that \r\nthe person should not continue to be a citizen of Pakistan. \r\n(6) Before making an order under this section the Federal Governm ent \r\nshall give the person against whom it is proposed to make the order notice in writing \r\ninforming him of the grounds on which it is proposed to make order and calling upon \r\nhim to show cause why it should not be made. \r\n(7) If it is proposed to make the ord er on any of the grounds specified in \r\nsub-sections (2) and (3) of this section and the person against whom it is proposed \r\nto make the order applies in the prescribed manner for an inquiry, the Federal \r\nGovernment shall, and in any other case may, refer the case to a committee of \r\ninquiry consisting of a Chairman, being a person possessing judicial experience, \r\nappointed by the Federal Government and of such other members appointed by the \r\nFederal Government as it thinks proper. \r\n14\r\n16-A. Certain persons to lose an d others to retain citizenship .– (1) All persons \r\nwho, at any time before the sixteenth day of December 1971, were citizens of \r\nPakistan domiciled in the territories which before the said day constituted the \r\nProvince of East Pakistan and who– \r\n(i) Were residing in those territories on that day and are residing therein \r\nsince that day voluntarily or otherwise shall cease to be citizens of \r\nPakistan; \r\n(ii) Were residing in Pakistan on that day but after that day voluntarily \r\nmigrate to those territories shall cease to be citizens of Pakistan; \r\n(iii) Were residing in Pakistan on 'that - day and are voluntarily residing \r\ntherein service that day shall continue to be citizens of Pakistan; \r\n(iv) Were residing in those territories on that day but voluntarily came to \r\nPakistan after that day with the approval of the Federal Government \r\nshall continue to be citizens of Pakistan: \r\nProvided that any person referred to in clause ( I) whose repatriation to \r\nPakistan has been agreed to by the Federal Government and who have, not been so \r\nrepatriated before th e commencement of Pakistan Citizenship (Amendment) \r\nOrdinance, 1978, shall continue to be citizens of Pakistan. \r\n(2) Any person who, at any time before the sixteenth day of December \r\n1971, was a citizen of Pakistan domiciled in the territories which before th e said day \r\nconstituted the Province of East Pakistan and who being under the protection of \r\nPakistan passport, was on that day, or is residing in any country beyond those \r\nterritories shall not be deemed to be a citizen of Pakistan unless, upon an application \r\nmade by him to the Federal Government in this behalf the Federal Government has \r\ngranted , him a certificate that at the date of the certificate he is a citizen of Pakistan. \r\n17. Certificate of domicile .– The Federal Government may upon an application \r\nbeing made to it in the prescribed manner containing the prescribed particulars grant \r\na certificate of domicile to any person in respect of whom it is satisfied that he has \r\nordinarily  \r\nResided in-Pakistan for a period of not less than one year immediat ely before \r\nthe making of the application and has acquired a domicile therein. \r\n18. Delegation of persons .– The Federal Government may, by order notified in \r\nthe official Gazette, direct that any power conferred upon it or duly imposed on it by \r\nthis Act shall, in suc h circumstances, and under such conditions, if any, as may be \r\n                                                 \r\n14Inserted vide No. F 24 (1) 78, Pub in Gaz of Pakistan Extd. Pt I dt 18th march 1978. [PLD 1978 Cent. St P 74] \r\nspecified in the direction, be exercised or discharged by such authority or officer as \r\nmay be specified. \r\n19. Cases of doubt as to citizenship.– (1) Where a person with respect to show \r\ncitizenship a doubt, exists, whether on a question of law or fact makes application in \r\nthat behalf to the Federal Government, the Federal Government may grant him a \r\ncertificate that at the date of the certificate he is a citizen of Pakistan. \r\n(2) The certificate, unless it is proved to have been obtained by fraud false \r\nrepresentation or concealment of any material fact, shall be conclusive evidence of \r\nthe fact recorded in it. \r\n20. Acquisition of Pakistan citizenship by citizens of Commonwealth' \r\ncountries.– The Federal Government may upon such terms and conditions as it \r\nmay be general or special order specify register a Commonwealth citizen or a British \r\nprotected person as a citizen of Pakistan. \r\n21. Penalties.– Any person who in order to obtain or prevent the doing of \r\nanything under the Act makes any statement or furnishes any information which is \r\nfalse in any material particular and which he knows or has reasonable cause to \r\nbelieve to be false, or does not believe to be true, shall be deemed to have \r\ncommitted an offence punishable under section 177 of the Pakistan Penal Code. \r\n22. Interpretation.– (1) For the purposes of this Act a person born abroad a \r\nregistered ship or aircraft, or aboard an unregistered ship or aircraft of the \r\nGovernment of any country shall be deemed t o have been born in the place in which \r\nthe ship or aircraft was registered or as the case may be in that country. \r\n(2) Any reference in this Act to the status or description of the father of a \r\nperson at the time of that person's birth shall, in relation to a person born after the \r\ndeath of his father be construed as a reference to the status or description of father \r\nat the time of the father's death; and where the death occurred before, and the birth \r\noccurs after the commencement of this Act, the status or de scription which would \r\nhave been applicable to the father had he died after the commencement of this Act \r\nshall be deemed to be the status or description applicable to him at the time of his \r\ndeath, \r\n23. Rules.– (1) The Federal Government may frame rules for c arrying into eff ect \r\nthe provisions of this Act. \r\n(2) No rules framed under this Act shall have effect unless published in the \r\nofficial Gazette.",
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