Nepal Citizenship Act, 2020 (1964) Date of Royal Seal and Publication 2020-11-16 (28 Feb. 1964) Amendments: 1. Nepal Citizenship (Amendment) Act, 2024 (1967) 2024-4-4 (19 July 1967) 2. Nepal Citizenship (Second Amendment) Act, 2033 (1976) 2033-6-10 (26 Sept.1976) 3. Judicial Administration Reforms (First Amendment) Act, 2033 (1976) 2033-4-10 (25 July 1976) 4. Nepal Citizenship (Third Amendment) Act, 2038 (1981) 2038-5-31 (16 Sept.1981) 5. Nepal Citizenship (Fourth Amendment) Act, 2046 (1989) 2046-5-1 (17 Aug. 1989) 6. Nepal Citizenship (Fifth Amendment) Act, 2048 (1991) 2049-4-8 (23 July 1992) 7. Administration of Justice Act, 2048 (1991) 2048-2-16 (30 May,1991) Act Number 26 of the year 2020 (1964) An Act Made to Rearrange the Nepal Law Relating to Citizenship Repealed by Nepal Citizenship Act, 2063 (2006). 1
Preamble : Whereas, it is expedient to so rearrange, including amendment to, the prevailing Nepal Law as to provide for acquisition, termination of, and matters pertaining to, the citizenship of Nepal; Now, therefore, His Majesty the King Mahendra Bir Bikram Shah Dev has, with the consent and advice of National Panchayat, enacted this Act. 1. Short Title and Commencement : (1) This Act may be called as "Nepal Citizenship Act, 2020 (1964)". (2) It shall come into force immediately. 2. Definitions: Unless the subject or the context otherwise requires, in this Act,- "Minor" means a person who has not attained Sixteen years of age. "Person" shall not mean any company, organization or group of persons, whether incorporated or not. 1(b1) "Constitution" means the Constitution of the Kingdom of Nepal, 2047 (1990). (c) (d) 2 "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules framed under this Act. 3. Acquisition of Citizenship of Nepal by Descent : (1) A person who is born after the commencement of this Act and whose father is a citizen of Nepal at the birth of that person shall be a citizen of Nepal by descent. 1 Inserted by the Fifth Amendment. 2 Deleted by the Second Amendment. 2
3 (2) 4......... (3) 5......... (4) Every minor who is found within the Kingdom of Nepal and the whereabouts of whose parents are not known shall, until the father of that minor is traced, be deemed to be a citizen of Nepal by descent. (5) In determining the citizenship of a minor born within a reasonable period of time after the death of the father of that minor, a status corresponding to the status of that father whatsoever at the time of his/her death shall be deemed to have been maintained. 63A. Application to be Made to Obtain Citizenship Certificate : A person who desires to obtain Nepalese citizenship certificate under Article 8 or Clauses (1), (2) or (3) of Article 9 of the Constitution may make an application to such authority and in such format as may be prescribed; and the prescribed authority shall grant the certificate in the prescribed format to that person if the applicant is found to be eligible to obtain the citizenship certificate, after holding an inquiry into the matter as prescribed. 4. 7 5. 8 96. Acquisition of Naturalised Citizenship of Nepal : (1) If any foreign citizen except a minor or insane has already fulfilled the following terms 3 Proviso deleted by the Second Amendment. 4 Deleted by the Second Amendment 5 Deleted by the Second Amendment 6 Inserted by the Fifth Amendment. 7 Deleted by the Second Amendment 8 Deleted by the Second Amendment 3
and conditions, such citizen has to make an application to such authority and in such format to obtain the citizenship of Nepal as may be prescribed : (c) (d) (e) (f) That one can speak and write the language of the nation of Nepal, That one is engaged in any occupation in Nepal, That one has renounced his/her citizenship of another country, That one has resided in Nepal for at least Fifteen years, That one is a citizen of a country which has legal provision or practice to grant naturalised citizenship to the Napalese citizen, and That one bears good character. (2) If a foreign woman who has matrimonial relationship with a Nepalese citizen desires to obtain the citizenship of Nepal, she has to make an application to such authority and in such format as may be prescribed. Such application has to be accompanied by the proofs showing that she has matrimonial relationship with the Nepalese citizen and has initiated proceedings for renunciation of her foreign citizenship. (3) If the son or daughter or descendant of a citizen of Nepal as referred to in Clause (6) of Article 9 of the Constitution desires to obtain the citizenship of Nepal, such person has to make an application, accompanied by the proofs showing the fulfillment of the following terms, to such authority and in such format as may be prescribed: 9 Amended by the Fifth Amendment. 4
(c) (d) That such person can speak and write the language of the nation of Nepal, That such person has renounced the citizenship of another country, That such person has resided in Nepal since Two years with an intention of residing permanently, That such person bears good character. (4) If, in examining the details mentioned in the application made under Sub-sections (1), (2) or (3), it appears to the prescribed authority that the terms and conditions set forth in those Sub-sections have been fulfilled, the authority has to send the application, along with his/her recommendation, to the Ministry of Home Affairs, His Majesty's Government of Nepal. (5) His Majesty's Government may, upon collecting the prescribed fees, grant naturalised citizenship of Nepal to such foreign citizens, out of the foreign citizens who have already fulfilled the terms and conditions as referred to in Sub-section (1), as may be held by His Majesty's Government that they have rendered or may render special contribution to science, philosophy, arts, literature, human welfare or industries or economic growth of Nepal. (6) If it appears that the persons having made application to obtain the citizenship of Nepal under Sub-sections (2) and (3) have fulfilled the terms and conditions set forth in those Sub-sections, His Majesty's Government may, upon collecting the prescribed fees, grant naturalised citizenship of Nepal. (7) His Majesty's Government may, upon showing any reasons, reject the application made under Sub-sections (1) and (3). 5
(8) Nepalese citizenship certificate shall be granted, in the prescribed format, to the person who acquires naturalised citizenship pursuant to this Section, after getting him to take an oath as prescribed in the Schedule, and such person shall become a naturalised citizen of Nepal from the date on which he obtains such certificate. 106A. Power to Grant Honorary Citizenship of Nepal: (1) Notwithstanding anything contained in Section 6, His Majesty may, on the recommendation of His Majesty's Government, grant the honorary citizenship of Nepal to a specially renowned person. (2) The person who has been granted the honorary citizenship of Nepal pursuant to Sub-section (1) shall be equal to a naturalised citizen of Nepal. 116B. Acquisition of Citizenship of Nepal by Person Having Renounced Citizenship of Nepal and Gone Abroad : (1) If a person who has renounced the citizenship of Nepal and gone abroad desires to renounce such foreign citizenship and acquire the citizenship of Nepal again, such person has to make an application to such authority as may be prescribed; and such application has to be accompanied by the proofs showing that he was previously a citizen of Nepal and that he has renounced the citizenship of such foreign country. (2) If the prescribed authority finds the matters to be correct after examining the application received under Sub-section (1) to obtain the citizenship of Nepal, he/she has to send the application, together with his/her recommendation, to the Ministry of Home Affairs, His Majesty's Government. 10 Inserted by the Third Amendment. 11 Inserted by the Fifth Amendment. 6
(3) His Majesty's Government shall, after receiving the application under Sub-section (1), grant the citizenship of Nepal to the applicant. 7. Citizenship In the Event of Incorporation of Territory: Whenever any territory is acquired by way of incorporation into Nepal, a person having his/her domicile within such territory shall be deemed to be a citizen of Nepal from such date as may be specified in such Notification published by His Majesty's Government subject to this Act. 8. Renunciation of Citizenship of Nepal: After any citizen of Nepal has given a notice in the prescribed manner to the prescribed authority to renunciate the citizenship of Nepal, the prescribed authority may register such notice; and his/her Nepalese citizenship shall cease to be valid from the date of registration of such notice. 128A. Resumption of Citizenship of Nepal : If any woman citizen of Nepal has, after having obtained the citizenship of the country of her husband by way of getting married to such foreign citizen, renounced the citizenship of that country because of getting divorced from, or death of, the husband and come to and resided in Nepal and gives notice of such residing to the prescribed authority, her citizenship of Nepal shall be resumed from the date of registration of such notice by the prescribed authority. 9. Termination of Citizenship of Nepal : (1) The citizenship of Nepal of any citizen of Nepal shall ipso facto be lapsed after he/she has voluntarily acquired the citizenship of any foreign country. (2) If any person has become a citizen of a foreign country and a citizen of Nepal by birth and descent at the same time, such person has to choose citizenship of either country within Five years of his/her 7
attaining Sixteen years of age. The Nepalese citizenship of the person who does not so choose the citizenship shall ipso facto be lapsed after the expiry of that time-limit. 13Provided that, in the case of such citizens prior to the commencement of this Act, they have to so choose the citizenship no later than the last day of the month of Chaitra of the year 2037 (About April 12, 1981); otherwise, their citizenship shall ipso facto be lapsed. (3) In cases where there arises a question as to whether any citizen of Nepal has acquired the citizenship of any foreign country or not or when or how he/she has acquired the citizenship, the prescribed authority shall decide that matter pursuant to the prevailing law. 1410. Deprivation of Citizenship of Nepal : (1) If His Majesty's Government, subject to the matters contained hereinafter in this Section, issues an order to deprive any citizen of Nepal of the citizenship of Nepal, his/her citizenship of Nepal shall cease to exist. (2) His Majesty's Government may, in the following circumstances, order to deprive any citizen of Nepal of the citizenship of Nepal:- If one takes up arms or attempts to take up arms against Nepal or commits any other crime against the state, or If one does not serve or becomes reluctant to serve the nation as specified by the law at the time of any war in which Nepal also has taken part, or at the 12 Inserted by the Second Amendment. 13 Amended by the Second Amendment. 14 Amended by the Fifth Amendment. 8
time of declaration of state of emergency in Nepal, or (c) If one assists any enemy state against Nepal in any manner. (3) His Majesty's Government may, also in the following circumstances, issue an order to deprive any naturalised citizen of the citizenship of Nepal:- If he has obtained the citizenship of Nepal by misrepresentation or furnishing false details or statement, or 15 In the case of other person except the son, daughter or descendant of a citizen of Nepal, if one has normally resided outside the Kingdom of Nepal for more than Seven years except in cases where one has so resided as a student of any educational institution or in the course of service of His Majesty's Government or as a representative to any international organization of which Nepal is also a member or one has each year made an application fulfilling the prescribed requirements to Royal Nepalese Embassy, expressing his/her desire to keep on the citizenship of Nepal. 16(3A) If it comes to be known that any one has obtained Nepalese citizenship certificate by furnishing false details or statements, with misrepresentation that he is a citizen of Nepal by birth or descent, 15 Amended by the Fifth Amendment. 16 Inserted by the Second Amendment. 9
His Majesty's Government may order to revoke such certificate and deprive him of the citizenship of Nepal. (4) An appeal may be made to the 17 Court of Appeal against the order made by His Majesty's Government under this Section to deprive any person of the citizenship. 11. Not to Lapse the Duties, Obligations and Rights : 18 After the termination of the Nepalese citizenship of any citizen of Nepal, his/her duties, obligations and rights shall not be deemed to have been lapsed in relation to any act carried out by him/her at the time when he/she has remained the citizen of Nepal only because of 19 termination of his/her Nepalese citizenship. 12. Revision : (1) Except as otherwise mentioned in other Sections of this Act, any person aggrieved by an order issued by His Majesty's Government or any prescribed authority under this Act may make a petition to His Majesty's Government within Thirty Five days of the issuance of the order for revision of such order. (2) After any petition has been made under Sub-section (1), His Majesty's Government may, upon considering the petition and a report of the authority against whose order such petition has been made, give its decision or order; and that decision or order shall be final. 2013. Publication of Name-list : His Majesty's Government shall, each year, publish in the Nepal Gazette a name-list of the persons 21 deprived of the citizenship of Nepal under Section 10. 17 Amended by the Administration of Justice Act, 2048 (1991). 18 Amended by the Fifth Amendment. 19 Amended by the Fifth Amendment. 20 Amended by the Third Amendment. 21 Deleted by the Fifth Amendment. 10
2214. Delegation of Powers : His Majesty's Government may, by a Notification in the Nepal Gazette, delegate any powers other than the following powers, conferred on it under this Act to such authority as specified in that notification, as required to be exercised under such terms and conditions as prescribed in that notification:- The other powers under Section 6 except the power to grant naturalised Nepalese citizenship to a foreign woman who has matrimonial relationship with a citizen of Nepal under that Section. Power to 23 deprive of the citizenship of Nepal under Section 10. 2414A. Citizenship Certificate Obtained Prior to Commencement of Nepal Citizenship Ordinance, 2020 (1963): The citizenship certificate obtained under the Constitution of Nepal and the Nepal Citizenship Act, 2009 (1952) prior to the commencement of the Nepal Citizenship Ordinance, 2020 (1963) shall be given by such authority and in such manner as may be prescribed. 2515. Penalties: Any person who obtains, or causes to be obtained, the naturalised citizenship of Nepal or citizenship by birth or descent by furnishing false details or statements, or any person who makes recommendation knowingly giving false details or statements with an intention of doing it or getting it done, or any person who makes an application by giving false details or statements with an intention of doing so, shall be punished with imprisonment for up to Five years or with a fine of up to Ten Thousand Rupees or with both. 22 Amended by the Fourth Amendment. 23 Amended by the Fifth Amendment. 24 Inserted by the Nepal Citizenship (Amendment) Act, 2024 (1967). 25 Amended by the Second Amendment. 11
16. Powers to Frame Rules : His Majesty's Government may, as per necessity, frame Rules from the to time, in order to carry out the objectives of this Act; and these Rules shall come into force only after being published in the Nepal Gazette. 17. Consequences of Ineffectiveness of Nepal Citizenship Ordinance, 2020 (1963) : Unless otherwise purported, after the Nepal Citizenship Ordinance, 2020 (1963) has become ineffective, that ineffectiveness,- (c) (d) (e) Does not give rise to any matter not in existence at the time of that ineffectiveness, Does not affect any matter in operation according to the ordinance or any act previously carried out or any thing already used by fulfilling the requirements as referred to in the Ordinance, Does not affect any right, facility, duty or liability, obtained, acquired or used in accordance with the ordinance, Does not affect any punishment imposed for any offence committed against the ordinance, Does not affect any legal proceedings or remedies taken in respect of any of such above-mentioned rights, facilities, duties, liabilities punishment; and any such legal proceedings or remedies may be instituted, kept on or enforced and such punishment may also be imposed as if the Ordinance were in force. 12
26 Schedule (Relating to Sub-section (8) of Section 6) I take an oath in the name of God/solemnly promise that I shall carry out my duties as a citizen of Nepal being loyal and faithful to the Kingdom of Nepal and the Constitution of the Kingdom of Nepal, 2047 (1990). Date: Signature 26 Amended by the Fifth Amendment. Note : 1. Words modified by the Nepal Law (Amendment) Act, 2024 (1967): (c) "Karyalaya" instead of Office. "Partibedan" instead of Report "Rajpatra" instead of Gazette. 2. The Nepal Citizenship (Third Amendment) Act, 2038 (1981) has come into force since 2037-9-1 (Dec. 15, 1980). 13