Wednesday, March 13, 2013

The Citizenship Act, 1951

Object---to provide for citizenship of Bangladesh
Definition Alien—who is not a citizen of Bangladesh or Commonwealth citizen Minor—any person who has not completed  the age of twenty-one years.

Acquisition of citizenship

Ø  By birth---Section 4-a person born in Bangladesh after the  commencement of this Act

--his father is not a citizen of Bangladesh and posses such immunity from suit and legal processes as is accorded to an envoy of an external sovereign power accredited in Bangladesh.
--his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.

Ø  By descent--- Section 5 -a person whose father is a citizen of Bangladesh at the time of his birth
But If the father of such person is a citizen of Bangladesh by descent only, that person  shall not be a citizen of Bangladesh unless---that person’s birth having occurred in  country outside Bangladesh the birth is registered at a Bangladesh Consulate or Mission in that country--that person’s father is, at the time of the Birth, in the service of any Government in Bangladesh.

Ø  By migration—Section 6--a person who with the intention of residing in Bangladesh permanently, has migrated here from outside and has resided no less than one year may apply for a certificate of domicile under Article 17 and then For the citizenship of Bangladesh.

Ø  By Naturalization---Section 9--a person who has been granted a certificate of  naturalization under the Naturalization Act, 1926 may be registered as a citizen of Bangladesh A certificate of naturalization may be granted  upon the fulfillment of the following conditions:
      -----The applicant is not a minor.
    -----He is neither a citizen of Bangladesh nor  A subject of any state of which a citizen of Bangladesh is  prevented by or under any law from becoming a subject by  naturalization.
     -----He has resided in Bangladesh throughout  the period of twelve months immediately preceding the date of     application and during the seven years for a period amounting in the aggregate to not less than four years.
     -----He is of good character.
     -----He has an adequate knowledge of Bengali.
     -----He intends to reside in Bangladesh or to  enter or continue in the service of the Republic in Bangladesh.

By marriage---Section 10--A woman who has been married to a citizen of Bangladesh may on application be registered as a citizen of Bangladesh.

Deprivation of Citizenship---Section 16: Deprivation of Citizenship
--- obtained certificate of domicile or naturalization by means of fraud, false representation or the concealment of any material fact.
--- certificate of naturalization is revoked.
--- disloyalty or disaffection to the Constitution of Bangladesh.
--- during a war in which Bangladesh is or has been engaged, unlawfully traded or communicated with the enemy to assist them.
--- within 5 years of being naturalized been sentenced in any country to imprisonment for not less then twelve month.
--- residing outside Bangladesh continuously for seven years without following proper procedure.

Tawfique Imam Khan Anik

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