Last Updated: Thursday, 24 July 2014, 13:56 GMT

Nepal Citizenship Rules, 1992

Publisher National Legislative Bodies
Publication Date 18 May 1992
Reference NPL-210
Cite as Nepal Citizenship Rules, 1992 [],  18 May 1992, available at: http://www.refworld.org/docid/3ae6b4fc18.html [accessed 24 July 2014]
Comments This is an unofficial translated consolidation. The Rules were issued on 18 May 1992 and published in the Nepal Rajapatra, Vol 42, No. 7(a)(E), Jesth 5, 2049 (18 May 1992). It was recorded in the Nepal Recorder, Year 16, No. 18, 12 June 1992. The amendment included here is: - Nepal Citizenship (First Amendment) Rules, 1994, issued on 26 September 1994 and published in the Nepal Rajapatra, Vol 44, No. 24, Aswin 10, 2051 (26 September 1994). It was recorded in the Nepal Recorder, Year 18, No. 24, dated 7 November 1994. With the kind permission of Nepal Press Digest (Private) Ltd., Lazimpat, Kathmandu. With the kind permission of Nepal Press Digest (Private) Ltd., Lazimpat, Kathmandu. These Rules were amended by the Nepal Citizenship (First Amendment) Rules, 1994.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Ministry of Home
Nepal Rajapatra, Vol. 42, No. 7(a)(E), Jesth 5, 2049 (May 18, 1992).

In exercise of the power conferred by Section 16 of the 1964 Nepal Citizenship Act, HMG has framed the following rules:

1. Short Title and Commencement

(1)        These rules may be called the Nepal Citizenship Rules, 1992.

(2)        These rules shall come into force at once.

2. Definitions

Unless otherwise meant with reference to the subject or context, in these rules, the term "act" refers to the 1964 Nepal Citizenship Act.

3. Issuance of Certificates to Nepali Citizens

(1)        Any citizen of Nepal desirous of obtaining certificates of Nepali citizenship shall submit an application to the appropriate Chief District Officer in the form specified in Schedule 1 along with a letter of recommendation from the Chairman or Vice-Chairman of the appropriate District Development Committee, Mayor or Deputy Mayor of the Municipality, Chairman of Vice-Chairman of the Village Development Committee, or an incumbent gazetted officer of HMG.

(2)        Any person making recommendation under Sub-Rule (1) may, if he deems so necessary, ask the applicant to submit the recommendation of a member of the Village Development Committee or Municipality elected from the ward where he has a place of residence or where he has been residing.

(3)        On receipt of the application mentioned in Sub-Rule (1), the Chief District Officer shall conduct necessary inquiries, and, if he satisfied that the applicant is a Nepali citizen, issue to him a certificate of Nepali citizenship in the form indicated in Schedule 2.

(4)        For the purpose of Sub-Rule (3), the Chief District Officer may use the following criteria also:

(a)        Particulars of the name, birth place, residence or marital status of such person contained in accounts, records or documents maintained by any court or government office according to law.

(b)        Particulars of the name, birth place, permanent residence, or marital status of such person contained in documents published or prepared by any court, government office, government officer or any person empowered to do so according to current law.

(sub-rule amended by the Nepal Citizenship (First Amendment) Rules, 1994)

3A. Special Arrangements Regarding Citizenship by Birth

In case any person is a citizen of both Nepal and foreign country simultaneously by virtue of birth and descent according to Sub-Section (2) of Section 9 of the act and in case such person has submitted an application indicating his choice of Nepali citizenship after fulfilling the procedure mentioned in Rule 7 of the 1968 Nepal Citizenship Rules before the date (Chaitra 31, 2037/April 12, 1981) mentioned in the restrictive clause of the same Sub-Section, the appropriate Chief District Officer shall conduct necessary investigations and issue a certificate of Nepali citizenship according to the specimen form mentioned in Schedule 2 in case he is satisfied that the applicant is a Nepali national.
(inserted by the Nepal Citizenship (First Amendment) Rules, 1994)

4. Acquisition of Naturalized Citizenship

(1)        In case any foreign citizen other than a minor or an insane person desires to acquire the citizenship of Nepal, he shall submit an application to the Ministry of Home of HMG through the appropriate Chief District Officer in the form indicated in Schedule 3 along with a recommendation from the member of the Village Development Committee or Municipality elected from the ward where he has being residing, as well as the Chairman of the appropriate District Development Committee or Village Development Committee, or the Mayor of the Municipality.

(2)        In case any foreign woman with matrimonial relationship with a Nepali citizen desires to acquire the citizenship of Nepal, she shall submit an application to the Ministry of Home of HMG through the appropriate Chief District Officer in the form indicated in Schedule 3.

(3)        In case a son or daughter or descendant of a Nepali national desires to acquire the citizenship of Nepal, he/she shall submit an application to the Ministry of Home of HMG through the appropriate Chief District Officer in the form indicated in Schedule 3, along with a certified copy of the certificate of citizenship of his/her father/mother/ancestor.

(4)        On receipt of the application mentioned in Sub-Rule (1), (2) or (3), the chief District Officer shall, if he so deems necessary, conduct necessary enquiries from the Mayor of the appropriate Municipality or Chairman of the appropriate Village Development Committee, and, if he finds that the concerned applicant hat fulfilled the conditions and requirements connected with him as mentioned in Section 6 of the act, submit his report to the Ministry of Home of HMG along with his opinion, as well as the concerned application.

(5)        For the purpose of Sub-Rule (4), the Chief district Officer may also take the matters mentioned in Sub-Rule (4) of Rule 3 as the criteria in regard to persons other than foreign women with matrimonial relationship with Nepali citizens.
(sub-rule amended by the Nepal Citizenship (First Amendment) Rules, 1994)

(6)        On receipt of the report mentioned in Sub-Rule (4), HMG may, if necessary, conduct, or make arrangements for conducting additional inquiries, and, if, thereafter, it is satisfied that it will be appropriate to confer naturalized citizenship of Nepal on the applicant, issue to him a certificate of naturalized citizenship of Nepal in the form indicated in Schedule 4.

4A. Special Arrangements Relating to Naturalized Citizenship

Notwithstanding anything contained in Rule 4, in case any foreigner has filed an application for the naturalized citizenship of Nepal after completing the necessary formalities laid down in the 1968 Nepal Citizenship Rules on the ground that he may obtain the naturalized citizenship of Nepal under the 1962 Constitution which was in force before the commencement of the 1990 Constitution of the Kingdom of Nepal and the act, His Majesty's Government shall, if it deems it appropriate following necessary investigations, grant the certificate of naturalized citizenship of Nepal to the applicant in the form indicated in Schedule 4.
(inserted by the Nepal Citizenship (First Amendment) Rules, 1994)

5. Relinquishment of Nepali Citizenship

(1)        In case any Nepali citizen wants to relinquish his Nepali citizenship, he shall submit a notice in the form indicated in Schedule 5 to the appropriate Chief District Officer if he is residing in Nepal, and if he is residing in a foreign country, to the appropriate Royal Nepali ambassador, and where the Royal Nepali Ambassador is absent, or is posted far away, to the Royal Nepali Consul-General or Consul, or to the Secretary of the Ministry of Home of HMG.

(2)        On receipt of the notice mentioned in Sub-Rule (1) the appropriate officer shall register such notice in the Register Book maintained in the form indicated in Schedule 6, and the Nepali citizenship of the concerned person shall lapse with effect from the date of such registration.

(3)        Royal Nepali Ambassadors, Consul-Generals or Consuls shall submit full particulars to the Ministry of Home of HMG through the Ministry of foreign Affairs within seven days from the date of registration of notices under Sub-Rule (2), and Chief District Officers shall do so directly to the Ministry of Home of HMG.

6. Application to be Submitted for Reviving Nepali Citizenship

(1)        In case any person who has gone abroad after relinquishing his Nepali citizenship wants to acquire Nepali citizenship again by relinquishing his foreign citizenship under Section 6B of the act, he shall submit an application to the appropriate Chief District Officer in the form indicated in Schedule 3. While so applying, the concerned person must also submit evidence of his having been a citizen of Nepal previously, and also of having relinquished the citizenship of the foreign country subsequently.

(2)        On receipt of the application mentioned in Sub-Rule (1), the Chief District Officer shall conduct, or make arrangements for conducting, necessary enquiries, and, if he finds the particulars to be correct, forward the application to the Ministry of Home of HMG along with his recommendation.

(3)        On receipt of the application mentioned in Sub-Rule (2), the Ministry of Home of HMG shall issue a certificate of Nepali citizenship in the form indicated in Schedule 4.

(4)        Any Nepali woman who desires to revive her Nepali citizenship under Section 8A of the act must send a notice of her return to Nepal and settlement in this country after relinquishing her foreign citizenship to the Chief district Officer in the form indicated in Schedule 7.

(5)        On receipt of the notice mentioned in Sub-rule (4) the Chief District Officer must register it, and inform the concerned woman accordingly in the form indicated in Schedule 8.

7. Fee

While granting naturalized citizenship of Nepal, a fee of Rs. 100 from the son or daughter or descendant of a Nepali citizen, and of Rs. 500 from other foreigners, shall be collected.

Provided that no fee shall be collected while granting such citizenship to a foreign woman having matrimonial relationship with a Nepali citizen.

8. Power to Make Alterations in Schedules

HMG may, by notification in the Nepal Rajapatra, make alterations in the schedules according to need.

9. Repeal

The 1968 Nepal Citizenship Rules have been repealed.

Schedule 1 (Pertaining to Sub-Rule (1) of Rule 3)

[form not reproduced here]

Schedule 2 (Pertaining to Sub-Rule (3) of Rule 3 and Rule 3A).

(amended by the Nepal Citizenship (First Amendment) Rules, 1994)

[form not reproduced here]

Schedule 3 (Pertaining to Sub-Rules (1), (2) and (3) of Rule 4, and Sub-Rule (1) of Rule 6)

[form not reproduced here]

Schedule 4 (Pertaining to Sub-Rule (6) of Rule 4, Rule 4A, and Sub-Rule (3) of Rule 6)

(amended by the Nepal Citizenship (First Amendment) Rules, 1994)

[form not reproduced here]

Schedule 5 (Pertaining to Sub-Rule (1) of Rule 5)

[form not reproduced here]

Schedule 6 (Pertaining to Sub-Rule (2) of Rule 5)

[form not reproduced here]

Schedule 7 (Pertaining to Sub-Rule (4) of Rule 6)

[form not reproduced here]

Schedule 8 (Pertaining to Sub-Rule (5) of Rule 6)

[form not reproduced here]

 

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