Nepal Citizenship Act, 1964

Preamble

Whereas it is expedient to amend and revalidate current Nepal law with immediate effect in order to make provision in respect to acquisition and termination of Nepali citizenship as well as other related matters.

Now, therefore, His Majesty King Mahendra Bir Bikram Shah Dev has promulgated this law on the advice and with the approval of the National Panchayat.

Article 1 Short Title and Commencement

(1)  This law may be called the Nepal Citizenship, Act, 1964.

(2)  It shall come into force at once.

Article 2 Definitions

Unless repugnant to the subject or context, in this act.

(a)  Minor means a person who has not competed sixteen years of age.

(b)  Individual does not include any corporate or non-corporate company, firm, or group of individuals.

(b1) Constitution means the Constitution of the Kingdom of Nepal, 1990.
(inserted by the Nepal Citizenship (Fifth Amendment) Act)

(c)  [Repealed]

(d)  Prescribed or as prescribed means prescribed or in the manner prescribed in the rule framed under this law.

Article 3 Jus Sanguinis Acquisition of Nepali Citizenship

(1)  In case the father of any person who is born after the commencement of this law is a citizen of Nepal at the time of the latter's birth, such person shall be a citizen of Nepal jus sanguinis.

[Sub-Sections 2 and 3 have been repealed]

(4)  Any child who is found within the territory of Nepal but where a bouts of whose parents are not know shall be deemed to be the citizen of Nepal jus sanguinis until the father of the child is traced.

(5)  Any minor born within a reasonable time of the death of his father shall be deemed to retain the Status of the father's death.

Article 3A. Application to be Submitted for Obtaining Certificate of Citizenship

Any person who desires to obtain a certificate of Nepali citizenship under Article 8 or Clauses (1), (2), or (3) of Article 9 of the Constitution may submit an application to the prescribed authority in the prescribed form. On receipt of such application , the prescribed authority shall conduct investigations in the prescribed manner, and, in case he considers the applicant eligible for obtaining a certificate of citizenship, issue such certificate in the prescribed form.
(inserted by the Nepal Citizenship (Fifth Amendment) Act)

[Articles 4 and 5 have been repealed]

Article 6 Acquisition of Naturalized Nepali Citizenship

(1)  In case any foreign national, other than a minor or an insane person, has fulfilled the following conditions and requirements, he may Submit an application in the prescribed form to the prescribed authority for obtaining a certificate of Nepali citizenship:

(a)        He can speak and write in the national language of Nepal;

(b)        He is engaged in any occupation in Nepal;

(c)        He has relinquished his citizenship of another state;

(d)        He has resided in Nepal for at least 15years;

(e)        He is a citizen of a country where there is legal provision or a custom to provide naturalized citizenship to Nepali nationals; and

(f)         He is of good conduct and character.

(2)  In case a foreign woman who has matrimonial relations with a Nepali national desires to obtain Nepali Citizenship she must submit an application in the prescribed form to the prescribed authority. She shall enclose-along with such application evidence of her matrimonial relations with a Nepali national, and of having initiated action to relinquish her foreign citizenship.

(3)  In case any person who is the son, daughter, or descendant of any Nepali national mentioned in. Clause (6) of Article 9 of the Constitution desires to obtain the citizenship of Nepal, he must submit an application in the prescribed form to the prescribed authority along with evidence of having fulfilled the following conditions:

(a)        He can speak and write in the national language of Nepal;

(b)        He has relinquished the citizenship of another state;

(c)        He has been residing in the Kingdom of Nepal for the pest two years with the intention of residing here permanently; and

(d)        He is of good conduct and character.

(4)  The prescribed authority shall examine the particulars mentioned in the applications submitted under Sub-Sections (1), (2), or(3) In case he finds that the conditions and requirement's mentioned therein have been fulfilled, he shall forward them to the Home Ministry of His Majesty's Government along with his recommendations.

(5)  Among the foreign nationals who have fulfilled the conditions mentioned in Sub-Section (1), His Majesty's Government may grant naturalized citizenship of Nepal on payment of the prescribed fees to persons who have-rendered special contributions, or are capable of rendering such contributions, in the fields of science, philosophy, art, literature, world peace, and human welfare, or Nepal's industry and economic prosperity.

(6)  In case the persons who have submitted applications for obtaining Nepali citizenship under Sub-Section (2) and Sub-Section (3) appear to have fulfilled the conditions mentioned in those Sub-Sections, His Majesty's Government may grant them naturalized citizenship of Nepal on payment of the prescribed fees.

(7)  His Majesty's Government may reject the applications submitted under Sub-Section and Sub-Section (3) by indicating a any reason.

(8)  A person who obtains naturalized citizenship under this Section shall be made to take oath in the form prescribed in the Schedule and granted a certificate of Nepali citizenship in the prescribed form. Such person shall be a naturalized citizen of Nepal with effect from the date when he obtains such certificate.

(amended by the Nepal Citizenship (Fifth Amendment) Act)

Article 6A Conferment of Honorary Nepali Citizenship

(1)  Notwithstanding anything contained in Section 6, His Majesty may grant honorary Nepali citizenship on the recommendation of His Majesty's Government to any person who has gained special reputation.

(2)  The person who has been granted honorary Nepali citizenship under Sub-Section (1) shall have the same status as a naturalized Nepali citizen.

Article 6B Acquisition of Nepali Citizenship By a Person Who Has Relinquished Nepali Citizenship and Gone Abroad

(1)  In case any person who has relinquished the citizenship of Nepal and gone abroad desires to relinquish such foreign citizenship and again become-a citizen of Nepal, he must submit an application to the prescribed authority, along with evidence of his having been a citizen of Nepal previously, and also of having relinquished the citizenship of the foreign country subsequently.

(2)  The prescribed authority shall examine the applications filed for acquisition of Nepali citizenship under Sub-Section (1), and, in case he finds the particulars correct, forward them to the Home Ministry of His, Majesty's Government along with his recommendations.

(3)  On receipt of the applications mentioned in Sub-Section (2), the Home Ministry of His Majesty's Government shall grant Nepali citizenship to the applicants.

(inserted by the Nepal Citizenship (Fifth Amendment) Act)

Article 7 Citizenship of Inhabitants of Merged Territories

In case any territory is acquired and marged into Nepal, the inhabitants thereof shall be deemed as citizens of Nepal with effect from the date and in the manner prescribed in the notification published by His Majesty's Government, subject to the provision s of this law.

Article 8 Relinquishment of Nepali Citizenship

In case any Nepali citizen notifies the prescribed authority in the prescribed manner of his decision to relinquish Nepali citizenship, the prescribed authority may record such notice, and his Nepali citizenship shall cease to exist with effect from the d ate of such recording.

Article 8A Restoration of Nepali Citizenship

In case any woman who is a Nepali citizen marries an alien and, by virtue of such marriage, acquires the citizenship of the country of her husband, but later relinquishes the citizenship of such country by reason of divorce from or death of her husband, returns to and resettles in Nepal, and gives a notice to that effect to the prescribed authority, the latter shall register such notice, and the Nepali citizenship of such woman shall be deemed to have been restored from the date of registration of such notice.

Article 9 Termination of Nepali Citizenship

(1)  The Nepali citizenship of any Nepali citizen shall automatically lapse on his acquiring the citizenship of any foreign country of his own will.

(2)  In case any person becomes a citizen of a foreign country as well as of Nepal at the same time by reason of birth and jus sanguinis, he may choose the citizenship of either country within five years of reaching sixteen years of age. In case he does no t do so, his Nepali citizenship shall automatically lapse on the expiry of this time-limit.

Provided that persons who have acquired citizenship in this manner before the commencement of this act shall choose their citizenship before Chaitra 30, 2037 (April 12, 1981), or else their citizenship shall ipso facto lapse.

(3)  In case a question a rises as to whether or not any citizen of Nepal has acquired the citizenship of any foreign country or when or how he has acquired such citizenship, the matter shall be decided by the prescribed authority in accordance with current Nepal law.

Article 10 Removal of Nepali Citizenship
(amended by the Nepal Citizenship (Fifth Amendment) Act)

(1)  In case His Majesty's Government, subject to the provisions of this Section, issues an order to deprive any citizen of Nepal of his Nepali citizenship, his Nepali citizenship shall cease to exist.

(2)  His Majesty's Government may issue orders to deprive any citizen of Nepal of his Nepali citizenship, in the following circumstances:

(a)        In case he raises or attempts to raise arms against Nepal or commits any other crime against the State; or

(b)        In case he does not render or seek to render any service to State in the manner specified by law during a war in which Nepal is also a participant, or during an emergency in Nepal; or

(c)        In case he provides any kind of help to an enemy state against Nepal.

(3)  His Majesty's Government may also issue orders to deprive any naturalized citizen of his Nepali citizenship in the following circumstances:

(a)        In case he acquires Nepali citizenship by fraud or by submitting false statement or particulars; or

(b)        In case any naturalized citizen, other than son, daughter, or descendant of a Nepali national, has been residing generally outside of Nepal for a period exceeding seven years, except when he has spent this period as a student in any educational institution, or in the service of His Majesty's Government, or in any international organization which includes Nepal as a member, or has filed an application in the prescribed form every year to the Royal Nepali Embassy indicating his desire to retain his Nepali citizenship.
(amended by the Nepal Citizenship (Fifth Amendment) Act)

(3a) In case it is found that any person has obtained a certificate of Nepali citizenship on the basis of false particulars or statements claiming himself to be a Nepali citizen by birth or jus sanguinis, His Majesty's Government may cancel such certificate and order the revocation of his Nepali citizenship.

(4)  An appeal may be filed to the Appellate Court against any order issued by His Majesty's Government under this Section depriving any person of his Nepali citizenship.

Article 11 Duties, Obligations and Rights not to Lapse

In case any citizen of Nepal is deprived of his Nepali citizenship, his duties, obligations and rights in respect to any function performed by him while he was a Nepali citizen shall not be deemed to have been terminated only by reason of termination of his Nepali citizenship.
(amended by the Nepal Citizenship (Fifth Amendment) Act)

Article 12 Review

(1)  Unless otherwise provided for in other Sections of this law, in case any person is aggrieved as a result of the order issued by His Majesty's Government or any prescribed authority under this law, he may file a petition to His Majesty's Government for reconsidering such order, within thirty-five days from the date of issuance there of.

(2)  After considering the petition filed under Sub-Section (1) as well as the report of the authority against whose order such petition is filed, His Majesty's Government shall give its decision or issue an order, and such decision or order shall be final.

Article 13 Publication of Names

His Majesty's Government shall publish in the Nepal Rajapatra every year the names of persons who have been removed from Nepali citizenship under Section 10.
(amended by the Nepal Citizenship (Fifth Amendment) Act)

Article 14 Delegation of Powers

His Majesty's Government may delegate the powers vested in it under this act, other than the following powers, by notification in the Nepal Rajapatra to the authority designated in such notification, subject to such terms and conditions and in such circum stances as may be prescribed therein:

(a)  Powers under Section 6, other than the power to grant naturalised Nepali citizenship to a foreign woman married to a Nepali citizen.

(b)  The power to remove from Nepali citizenship under Section 10.
(amended by the Nepal Citizenship (Fifth Amendment) Act)

Article 14A Certificate of Citizenship Acquired Prior to the Commencement of the 1963 Nepal Citizenship Ordinance

Certificates of citizenship acquired under the Constitution of Nepal and the 1952 Nepal Citizenship Act prior to the commencement of the 1963 Nepal Citizenship Ordinance shall be issued by the prescribed authority in accordance with the prescribed procedure.

Article 15 Penalties

Any person who acquires or arranges for the acquisition of naturalized citizenship of Nepal, or of citizenship by birth or jus sanguinis of Nepal on the basis of false particulars or statements, or willfully submits false particulars or statements, or makes recommendations with the intention of doing so, or submits an application after submitting false particulars or statements with the intention of doing so, shall be punished with imprisonment for a term not exceeding five years, or with a fine not exceeding ten thousand rupees, or with both.

Article 16 Power to Frame Rules

His Majesty's Government may frame such rules as may be necessary from time to time for the purpose of implementing the objectives of this act, and such rules shall come into force from the date of their publication in the Nepal Rajapatra.

Schedule
(Pertaining to Sub-section (8) of Section 6)

I ... ... ... swear in the name of God/solemnly affirm that I shall discharge my duty as a citizen of Nepal with faith and allegiance to the Kingdom of Nepal and the 1990 Constitution of the Kingdom of Nepal.
Date: _________ Signature: _____

(amended by the Nepal Citizenship (Fifth Amendment) Act)