Sabin Shrestha
ii. Evidence of a land ownership certificate in the name of the person concerned or their
family, or a certificate of land tenancy right, or proof of address, or listing of the name
of the father or mother in the voter list prepared by the election commission.
Sub-section (4) applies to cases where applicants cannot submit the evidence required by the
provisions in sub-sections (1) and (2). The designated authority can organise a spot
investigation in which at least three persons with citizenship certificates of Nepal residing in
the same ward need to verify the information provided by the applicant.46
3.1.5 The procedures for obtaining citizenship in the Citizenship Rules
The Nepal Citizenship Rules, 2006 were passed in line with the Nepal Citizenship Act, 2006
on 15 December 2006. They were amended on 29 January 2007 after the Interim Constitution
of 2007 was promulgated on 15 January 2007. The rules contain the procedures for acquiring
a citizenship certificate pursuant to the legal provisions in the Constitution of Nepal and the
Nepal Citizenship Act, 2006. The content of significant provisions in these rules is described
below.
1.
Rule No. 3
Rule No. 3 lays down the procedure for acquiring a certificate of Nepalese citizenship by
descent. It states that a citizen of Nepal who has reached the age of sixteen has to make an
application to the District Administration Office in the format provided in Schedule 1 of the
Rules together with the following documents:47
i.
The citizenship certificate of the applicant's father or mother or a relative within
three generations of the applicant;
ii.
A recommendation from the local authority concerned setting out the applicant's
birthplace and relationship or a birth registration certificate;
iii. In cases where a citizenship certificate of a relative within three generations has
been submitted, a relationship certificate establishing the relationship with that
relative also needs to be submitted.
Sub-rule 2 deals with the procedure to be adopted in cases where the applicant fails to submit
the above evidence. This states that a public inquiry can be conducted by local inhabitants
who have obtained a citizenship certificate of Nepal in the presence of a representative of the
local body.48 This can be conducted to verify whether the applicant was born in Nepal,
whether the applicant has had permanent residence in Nepal, or whether the applicant's father
or mother is a citizen of Nepal.49
Additionally, the deed of enquiry needs to be certified by three citizens in the format
provided in schedule 4 of the Rules. 50 The authority concerned can still make further
inquiries or investigations if it feels they are necessary.51
46
47
48
49
50
51
10
Nepal Citizenship Act, 2006, sec. 8(4).
Nepal Citizenship Rules, 2006, rule. 3(1).
Nepal Citizenship Rules, 2006, rule. 3(2)(a).
Ibid.
Nepal Citizenship Rules, 2006, rule. 3(2)(b).
Nepal Citizenship Rules, 2006, provision of rule. 3(2)(b).
RSCAS/GLOBALCIT-CR 2017/8 - © 2017 Author