Naturalization Act, 1926

An Act to consolidate and amend the law relating to the naturalisation in [1][Bangladesh] of aliens resident therein.

WHEREAS it is expedient to consolidate and amend the law relating to the naturalisation in [2][Bangladesh] of aliens resident therein.

It is hereby enacted as follows:-

1.Short title, extent and commencement.-

(1)This Act may be called the [3]*** Naturalisation Act. 1926.

[4][(2) It extends to the whole of [5][Bangladesh].]

(3)It shall come Into force on such date[6] as the [7][Government] may. by notification in the [8][official Gazette], appoint.

2.Definitions

In this Act, unless there is anything repaugnant In the subject or context,-

[9]***

(b)"certificate of naturalisation" means a certificate of naturalisation granted under this Act : and

[10][(c)"minor" means. notwithstanding anything in the Majority Act. 1875. (IX of 1875) any person who has not completed his age of twenty-one years.]

3.Grant of certificate of naturalisation.

(1)The [11][Government] may grant a certificate or naturalisation to any person who makes an application in this behalf and satisfies the [12][Government]-

(a)that he Is not a minor

[13][(b) that he is neither a citizen of [14][Bangladesh] nor a subject of any state of which a citizen of [15][Bangladesh] is prevented by or under any law from becoming a subject by naturalisation;]

[16][(c) that he has resided in [17][Bangladesh] throughout the period of twelve months immediately preceding the date of application, and has, during the seven years immediately preceding the said period of twelve months. resided in [18][Bangladesh] for a period amounting In the aggregate to not less than four years;]

(d)that he is of good character;

(e)that he has an adequate knowledge of [19][Bengali]; and

(f)that he Intends, if the application is granted, to reside in [20][Bangladesh] or to enter or continue In the service of the [21][Republic] in [22][Bangladesh]:

Provided that nothing in clause (c) or (f) shall apply in the case of a woman who has a [23][citizen of [24][Bangladesh]] previously to her marriage to a person not a [25][citizen of [26][Bangladesh]] and whose husband has died or whose marriage has been dissolved.

[27]***

4.Contents and form of application

(1)Every application for a certificate of naturalisation shall be in writing and shall state. to the best of the knowledge and belief of the applicant-

(a)his age

(b)his place of birth;

(c)his place of residence.,

(d)his profession, trade or occupation

(e)full particulars regarding his qualification in respect of the matters referred to in clauses (a) to (f) of sub-section (1) of section 3;

(f)Whether he has at any time previously applied for the grant of a certificate of naturalisation under [28]*** this Act [29]***;

(g)Whether any such application has been rejected

(h)Whether any such certificate has been granted to him; and

(i)Whether any such certificate granted to him has been revoked [30][or whether he has been deprived of his citizenship under the [31]*** Citizenship Act, 1951 [32]*** ]

(2)Every such application shall be signed by the applicant and shall be accompanied by an affidavit sworn by him verifying that the statements contained therein are true to the best of his knowledge and belief.

(3)The [33][Government] shall satisfy itself as to the truth of the statements contained in the application, and for this purpose may cause to be made such further inquiry. if any. and may require such further evidence. if any, either by affidavit or otherwise as it thinks necessary.

5.Grant of certificate.

(1)If the [34][Government] is satisfied that the applicant is qualified under section 3 for the grant of a certificate of naturalisation and is otherwise a fit person for the grant of such certificate. It may grant a certificate reciting the qualifications of the applicant for such grant and conferring upon him all the rights, privileges and capacities of naturalisation under this Act, except such rights, privileges or capacities, if any, as may specifically be withheld by the certificate.

(2)Any such certificate may, if the applicant so requests, include the name of any minor child of the applicant, not being by birth [35][a citizen of [36][Bangladesh]] who was born before the date of the certificate and is for the time being resident in [37][Bangladesh] and under the control of the applicant; and shall grant to any child so included all the rights. privileges and capacities of naturalisation under this Act, except such rights, privileges or capacities, if any, as may be specifically be withheld by the certificate.

(3)The grant of a certificate of naturalisation shall be in the absolute discretion of the [38][Government], and no appeal shall lie from any such grant any particular right, privileges or capacity.

6.Oath of allegiance

Every person to whom a certificate of naturalisation has been granted shall. within thirty days from the date of the grant thereof take and subscribe the following oath, namely:-

"I A. B., of do hereby swear (or affirm) that I will be faithfull and bear true allegiance to [39][the Constitution of the People's Republic of Bangladesh]:

Provided that the [40][Government] may extend the time allowed under this section in any case in which it is satisfied that failure to take and subscribe the oath within that time was due to sufficient cause.

[41][7.Effect of grant of certificate and taking of oath.

(1)No certificate of naturalisation shall have effect until the person to whom It Is granted has taken and subscribed the oath prescribed by section 6, but upon the taking and subscribing of such oath such person, and any child of any such person who has been included in the certificate under sub-section (2) of section 5, shall be deemed to be citizens of [42][Bangladesh] and be entitled to all the rights, privileges and capacities of a citizen of [43][Bangladesh] born within [44][Bangladesh], except such rights, privileges or capacities, if any, as may have been withheld from them respectively by the certificate, and shall within [45][Bangladesh] be subject to all the obligations, duties and liabilities of a citizen of [46][Bangladesh]; and the wife of any such person to whom a certificate of naturalisation is granted [47]*** shall, if not already a citizen of [48][Bangladesh], in like manner be so deemed and be so entitled and so subject, if within one year, or such longer period as the [49][Government] may in special circumstances allow, from the date of taking and subscribing of such oath by her husband, she makes to the [50][Government] a declaration that she desires to be deemed to be a citizen of [51][Bangladesh], and if she is an alien as defined in the [52][Citizenship Act, 1951. (Il of 1951)] obtains a certificate of domicile under that Act, and takes and subscribe the oath prescribed by section 6 of this Act.

(2)When the person to whom a certificate of naturalisation has been granted has taken and subscribed the oath prescribed by section 6, any wife, thereafter married by, and any child thereafter born to, such person shall, if she or he is not a citizen of [53][Bangladesh] and if such person aforesaid at the date of the marriage or birth, as the case may be, retains any rights, privileges or capacities of a citizen of [54][Bangladesh] under this Act, be entitled, subject, in the case of a wife. to her making to the [55][Government] a declaration as provided in sub-section (1) and, if necessary, upon obtaining the certificate of domicile and making and subscribing the oath as further provided in that sub-section, to the same rights, privileges and capacities, and be subject to the same obligations, duties and liabilities, to which such person aforesaid was at the date entitled and subject.]

8.Revocation of certificate.

(1)[56][Where the [57][Government] is satisfied that a certificate of naturalization granted under this Act [58]***] was obtained by false representation or fraud or by concealment of material circumstances. or that the person to whom the certificate has been granted has shown himself by act or speech to be disaffected or disloyal to [59][Bangladesh],

(2)Without prejudice to the foregoing provisions, the [60][Government] shall, by order in writing, revoke such a certificate of naturalisation as aforesaid in any case in which It Is satisfied that the person to whom the certificate was granted-

(a)has, during any war in which [61][Bangladesh] is engaged unlawfully traded or communicated with the enemy, or with a subject of an enemy state, or been engaged in, or associated with, any business which is to his knowledge carried on in such a manner as to assist the enemy in such war; or

(b)has. within five years of the date of the grant of the certificate, been sentenced by any Court in [62][Bangladesh] [63]*** to transportation or to penal servitude, or to imprisonment for a term of not less than twelve months. or to pay a fine of not less than one thousand [64][Taka]; or

(c)was not of good character at the date of the grant of the certificate; or

[66][(d) has since the grant of the certificate been, for a period of not less than seven years, ordinarily resident out of [67][Bangladesh] otherwise than as a representative of a citizen of [68][Bangladesh], or of a [69][Bangladesh] firm or company or a [70][Bangladesh] institution, or in the service of [71][The Republic] or in the armed forces of [72][Bangladesh], and has not maintained substantial connection with [73][Bangladesh]; or]

(e)remains, according to the law of a state at war with [74][Bangladesh], a subject of that state: and that the continuance of the certificate is not conducive to the public good.

[75] ***

(4)The [76][Government] may, if it thinks fit, before making an order under this section, refer the case for such inquiry as is hereinafter specified. and. in any case to which sub-section (1) or clause (a), clause (c) or clause (e) of subsection (2) applies, the [77][Government] shall, by notice given to, or sent by post to the last known address of. the holder of the certificate, give him an opportunity of claiming that the case be referred for such inquiry. and. if the holder so claims In accordance with the notice, the [78][Government] shall refer the case for inquiry accordingly.

(5)An inquiry under this section shall be held by such person or persons and in such manner as the [79][Government] may direct in each case.

(6)Where a certificate is revoked under this section. the revocation shall have effect from such date as may be directed by the [80][Government], and thereupon the certificate shall be given up and cancelled; and any person who, without reasonable cause the burden of proving which shall lie upon him, fails to give up his certificate within one month from the aforesaid date, shall be punishable with fine, which may extend to one thousand [81][Taka].

(7)For the purposes of this section, any person who has acquired any of the rights, privileges or capacities of naturalization under sub-section (2) of section 5 or subsection (2) of section 7 by reason of the grant to his parent of a certificate of naturalization, may, after he has attained majority, be deemed to be a person to whom a certificate of naturalization has been granted.

9.Effect of revocation of certificate.

(1)Where a certificate is revoked under section 8, the former holder thereof shall cease to be deemed to be a [82][citizen of [83][Bangladesh].

(2)On such revocation, the [84][Government] may, by order in writing, direct that the wife and minor children (or any of them) of the person whose certificate is revoked shall cease to be deemed to be [85][citizens of [86][Bangladesh]]; but where no such direction is made, the status of the wife and minor children of the person. whose certificate Is revoked shall not be affected by the revocation:

[87][Provided that no such order shall be made In the case of a wife unless by reason of the acquisition by her husband of a new nationality she has also acquired that nationality:]

Provided [88][further] that, in the case of a wife who [89][was, or, if the [90][Citizenship Act. 1951 (II of 1951)], had been in force at the date of her birth, would have been, by birth a citizen of [91][Bangladesh]], no such order as aforesaid shall be made, unless the [92][Government] is satisfied that, if she had held a certificate of naturalization In her own right, the certificate could properly has been revoked under section 8, and the provisions of that section as to referring cases for inquiry shall apply to the making of any such order as they apply to the revocation of a certificate.

10.Declaration of alienage.

(1)A declaration of alienage in such manner as may be prescribed by rules made under this Act may be made,-

(a)within one year of his attaining majority. by any child who has acquired any of the rights, privileges or capacities of naturalization under sub-section (2) of section 5. or sub-section (2) of section 7; or

(b)within six months from the date of the revocation of a certificate under section 8, or of the death of. or of the dissolution of her marriage with, the holder of any such certificate as is therein referred to, by the wife of the person whose certificate has been revoked, or who has died, or whose marriage to her has been dissolved, as the case may be.

(2)Where a declaration of alienage has been made in the manner aforesaid. the person making the same, and the wife of any such person. and any children of any such person who are minors and are not by birth [93][citizens of [95][Bangladesh]], shall cease to be deemed to be [96] [citizens of [98][Bangladesh]:

[99][Provided that the wife of any such person shall not cease to be deemed to be [100][citizen of [101][Bangladesh] under this sub-section, unless by reason of the acquisition by her husband of a new nationality she has also acquired that nationality.]

11.Inquiries.

Every person making an inquiry under the orders of the [102][Government] under sub-section (3) of section 4, and every person appointed to hold an inquiry under sub-section (5) of section 8, shall be deemed to be a public servant within the meaning of the [103][Penal Code], and shall for the purposes of such inquiry have the same powers as are vested in a Court under the Code of Civil Procedure, 1908, when trying a suit. in respect of the following matters:-

(i)enforcing the attendance of any person and examining him on oath;

(ii)compelling the production of documents and material objects; and

(iii)issuing commissions for the examination of witnesses; and every such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the [104][Penal Code].

12.Oaths and affidavits.

(1)All oaths and affidavits for the purposes of this Act shall be sworn before a Magistrate or such other person as may be appointed in this behalf by the [105][Government].

(2)The Magistrate or other person by whom an oath of allegiance is administered under section 6 shall grant to the person making the same a certificate in writing of his having taken and subscribed such oath and of the date of his taking and subscribing the same. and shall forward to the [106][Government] the oath so taken and subscribed, together with a copy of such certificate.

13.Power to make rules.

(1)The [107][Government] may, [108] ***, by notification in the [110][Official Gazette], make rules[111], to give effect to the provisions of this Act.

(2)In particular and without prejudice to the generality of the foregoing powers. such rules may provide for all or any of the following matters, namely:-

(a)the form or forms in which certificates of naturalization shall be granted. and the manner in which they shall be recorded:

(b)the manner in which declarations of alien age shall be made and recorded;

(c)the recording of oaths of allegiance; and

(d)the fees which may be imposed for the issue of any certificate, whether of naturalization or otherwise, granted under this Act.

14.Limitation to the grant of naturalization under this Act.

Nothing contained in this Act shall be deemed to entitle to any of the rights. privileges or capacities of a [112][citizen of [113][Bangladesh]] the child of any person who is himself so entitled by reason only of the inclusion of his name in a certificate of naturalization under sub-section (2) of section 5 or of the grant of a certificate of naturalization to his parent.

[114]***

15. [Repeals]

Rep. by the Repeating Act. 1927 (XII of 1927), s. 2 and Sch.

---

[1] Subs. by Act VIII of 1973, 2nd Sch., as amended by Act LIII of 1974, for "Pakistan".

[2] Subs. by Act VIII of 1973, 2nd Sch., as amended by Act LIII of 1974, for "Pakistan".

[3] The work "Indian" omitted by A.O., 1949.

[4] Subs. by Act XXIII of 1951, s. 3. for the original sub-section (2), as amend by A.O., 1949.

[5] Subs. by Act VIII of 1973, 2nd Sch., as amended by Act LIII of 1974, for "Pakistan".

[6] The 1st July, 1926.

[7] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[8] Subs. by A.O., 1937, for "Gazette of India".

[9] Clause (a) was omitted by Act LXI of 1952, s.2.

[10] Subs. by Act XXIII of 1950, for the original clause (c).

[11] Subs. by Act VIII of 1973, as amend by Act LIII of 1974.

[12] Subs. by Act VIII of 1973, as amend by Act LIII of 1974.

[13] Subs. by Act LXI of 1952.

[14] Subs. by Act VIII of 1973, as amended by Act LIII of 1974.

[15] Subs. by Act VIII of 1973, as amended by Act LIII of 1974.

[16] The original clause (c) as amended by A.O., 1937 and A.O., 1949, has successively been subs. by Act XXIII of 1951 and Act XLIV of 1957, to read as above.

[17] Subs. by Act VIII of 1973, as amended by Act LIII of 1974.

[18] Subs. by Act VIII of 1973, as amended by Act LIII of 1974.

[19] Subs. by Act VIII of 1973, as amended by Act LIII of 1974, for the words "a language which has been declared by the Central Government, by notification in the official Gazette, to be one of the principal vernaculars of Pakistan."

[20]  Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[21] Subs. ibid., for "State".

[22] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[23] Subs. by Act LXI of 1952, for "British Subject".

[24] Subs. by Act VIII of 1973, as amended by Act LIII of 1974, for "Pakistan".

[25] Subs. by Act LXI of 1952, for "British Subject".

[26] Subs. by Act VIII of 1973, as amended by Act LIII of 1974, for "Pakistan".

[27] Sub-section (2) of s. 3 was omitted, ibid.

[28] The words "The British Nationality and Status of Aliens Act, 1914, or the Indian Naturalization Act, 1852, or" were omitted, ibid.

[29] The words "or the British Nationality Act, 1948" which were added by Act XXIII of 1951 have been omitted by Act LXI of 1952.

[30] Added by Act XXIII of 1951.

[31] The word "Pakistan" was omitted by Act VIII of 1973 as amended by Act LIII of 1974

[32] The words" or British Nationality Act. 1948"omitted by Act LXI of 1952.

[33] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[34] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[35] Subs. By Act LXI of 1952 for "a British subject".

[36] Subs. by Act VIII of 1973, as amended by Act LIII of 1974, for "Pakistan".

[37] Subs. by Act VIII of 1973, as amended by Act LIII of 1974, for "Pakistan".

[38] Subs. ibid. for "Central Government".

[39] Subs. By Act VIII of 1973 as amended by Act LIII of 1974, for "the Constitution of Pakistan".

[40] Subs. ibid. for "Central Government".

[41] Subs. by Act LXI of 1952, for the existing sec. 7.

[42] Subs. by Act VIII of 1973, as amended by Act LIII of 1974, for "Pakistan".

[43] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[44] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[45] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[46] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[47] The words "after the commencement of the Indian Naturalization (Amdt.) Act, 1935" were omited by Act VIII of 1973 as amended by Act LIII of 1974.

[48] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[49] Subs. ibid., for "Central Government".

[50] Subs. ibid., for "Central Government".

[51] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[52] Subs. ibid., for "Pakistan Citizenship Act, 1951".

[53] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[54] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[55] Subs. by Act VIII of 1973 as amended by Act LIII of 1974 for "Central Government".

[56] Subs. by A.0., 1937.

[57] Subs. by Act VIII of 1973 as amended by Act LIII of 1974 for "Central Government".

[58] Semi-colon, commas, words and figures "or the Indian Naturalization Act, 1852", were omitted by Act LIII of 1974.

[59] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[60] Subs. by Act VIII of 1973 as amended by Act LIII of 1974 for "Central Government".

[61] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[62] Subs., by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[63] The words "or in His Majesty's dominions" were omitted, ibid.

[64] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Rupees".

[66] Subs. by Act LXI of 1952, for the original clause (d).

[67] Subs., by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[68] Subs., by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[69] Subs., by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[70] Subs., by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[71] Subs. ibid. for "a Government in Pakistan".

[72] Subs., by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[73] Subs., by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[74] Subs., by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[75] Sub-section (3) omitted by A.0., 1937.

[76] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[77] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[78] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[79] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[80] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[81] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "rupees".

[82] Subs. by Act LXI of 1952, for "British Subject".

[83] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Pakistan".

[84]  Subs. by Act VIII of 1973 as amended by Act LIll of 1974 for "Central Government".

[85] Subs. by Act LXI of 1952, for "British subject".

[86] Subs. by Act VIII of 1973 as amended by Act LIll of 1974, for "Pakistan".

[87] Ins. by Act 1 of 1935, s. 3.

[88] Ins. by Act 1 of 1935, s. 3.

[89] Subs. by Act LXI of 1952, for "was at birth a British subject".

[90] Subs. by Act VIII of 1973 as amended by Act LIll of 1974, for "Pakistan Citizenship Act, 195l."

[91] Subs. by Act VIII of 1973 as amended by Act LIll of 1974, for "Pakistan".

[92] Subs. by Act VIII of 1973 as amended by Act LIll of 1974, for "Central Government".

[93] Subs. by Act LXI of 1952, for "British Subjects".

[95] Subs. by Act VIll of 1973 as amended by Act LIII of 1974, for "Pakistan".

[96] Subs. by Act LXI of 1952, for "British Subjects".

[98] Subs. by Act VIll of 1973 as amended by Act LIII of 1974, for "Pakistan".

[99] Added by Act 1 of 1935.

[100] Subs. by Act LXI of 1952, for "British Subjects".

[101] Subs. by Act VIll of 1973 as amended by Act LIII of 1974, for "Pakistan".

[102] Subs. by Act LIII of 1974, for "Central Government".

[103] Subs. ibid., for "Pakistan Penal Code".

[104] Subs. by Act LIII of 1974, for "Pakistan Penal Code".

[105] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[106] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[107] Subs. by Act VIII of 1973 as amended by Act LIII of 1974, for "Central Government".

[108] The words "with the previous sanction of the G. G. in Council" omitted by A.O., 1937.

[110] Subs, ibid for ‘Local official Gazette".

[111] For the Naturalisation Rules, 1961, see Pak. Gaz., 1961 Pt. 1, pp. 450-456.

[112] Subs. by Act LXI of 1952, s.10, for "British Subject".

[113] Subs. by Act VIII of 1973, 2nd Sch., as amended by Act LIII of 1974, for "Pakistan".

[114] Sections 14A, 14B and 14C were omitted, ibid.