THE UNION CITIZENSHIP (ELECTION) ACT, 1948.
(Act No XXVI
of 1948 )
[This Act was amended by Acts
XXVII of 1954 and XXXII of 1957 – the original Act, without amendments, is
reproduced below]
Whereas it is necessary to
make provision for the election of citizenship by persons qualified under
section 11 (iv) of the Constitution:
It is hereby enacted as
follows:-
1 This Act may be called the Union
Citizenship (Election) Act, 1948.
2. In this Act, unless the context otherwise requires :-
(a) "Officer" means any Officer
nominated for the purposes of this Act by the President.
(b) "Minister"
means a member
of the Government nominated by the President
for the purposes of this Act.
(c) "Deputy
Commissioner" includes
"The District Magistrate,
3. Any person:-
(a) who
was born in any of the territories which, at the time of his birth, was
included in His Britannic Majesty's dominions;
(b) who had resided in any
of the territories included in the Union for a period of not less than eight
years in the ten years immediately preceding either the first day of January
1942 or the fourth day of January 1948;
(c) who
is of good character;
(d) who
has not done any act prejudicial to the security, peace or interest of the
(e) who
is not disqualified as defined in section 2 of the Union Citizenship Act, 1948,
may apply to the officer in the district in which he resides for a certificate
of citizenship.
[Section 3 was substituted by
Act XXVII of 1954.]
4. The application shall
be made by petition which shall be accompanied by an affidavit of the applicant
stating :-
(a) the
place of his birth, and the time or approximate thereof;
(b) the
period or periods he had resided in the territories included in the
(c) that
he is of good character and that he has not done anything prejudicial to the
security, peace or interest of the
(d) his
intention to reside permanently in the territories included in the
(e) the
name, sex, place of birth and time of birth, exact or approximate, of each of
his minor children, alive at the date of the application.
5. (1) On an application made
for a certificate of citizen-ship, the officer shall direct notice of such
application to be issued to the Deputy Commissioner of the district where the
applicant resides and shall also have a copy of the notice pasted in some
conspicuous place in the office of the Deputy Commissioner.
(2) The application shall
not be heard by the officer before four weeks after the service of the notice
on the Deputy Commissioner have expired.
(3) At any time, previous
to the hearing of the application, the Deputy Commissioner may file with the
officer an objection, stating the grounds of such objection.
6. (1) At the hearing, the
applicant for a certificate shall, subject to the provisions of section 132 of
the Code of Civil Procedure, personally appear before the officer for
examination unless the officer for sufficient reason to be recorded in writing,
dispenses with his personal attendance. The applicant shall produce before the
officer, at such hearing such evidence as he may desire to establish that he is
qualified under section 3 to elect for citizenship.
(2) The Deputy
Commissioner shall be entitled to adduce, at such hearing, such evidence as he
may desire in disproof of the applicant's claim.
(3) At the hearing, the
officer shall not be bound by the Civil Procedure Code or any other enactment
but shall be guided by rules of natural justice.
7. (1) The
officer shall, after careful inquiry as to whether the applicant possesses the
necessary qualifications or not, submit forthwith his recommendation together
with the inquiry proceedings to the Minister; and
(2) Any person who has
acquired a certificate of citizenship before the promulgation of the Union
Citizenship (Election) (Amendment) Act, 1954, shall be deemed to have also
possessed the qualifications provided in clauses (c) and (d) of section 3
without prejudice to the provisions of section 19 of the Union Citizenship Act,
1948:
Provided that of the cases
submitted under section 7 by the officer to the Minister before the
promulgation of the Union Citizenship (Election) (Amendment) Act, 1954, those
cases which appear to the Minister that they should be heard with respect to
clauses (c) and (d) of section 3, may be sent back for further hearing to the
officer concerned.
[Section 7 was amended by Act
XXVII of 1954 and Act XXXII of 1957.]
8. (1) When the Minister-
receives the recommendation of the officer made under section 7, he shall, if
he accepts the recommendation issue a certificate of citizenship in the
prescribed form and shall send such certificate to the recommending officer.
(2) The issue of a
certificate of citizenship shall be in the discretion of the Minister and he
may, with or without assigning any reason, issue or refuse to issue the
certificate, as in his opinion is conducive to the public good.
(3) The Officer shall, on
receipt of the certificate, call upon the applicant to appear before him on a
date fixed by him and to subscribe a declaration on oath or affirmation renouncing
any other nationality or status as citizen of any foreign country and owing
allegiance to the Union and, on the applicant making and subscribing such
declaration, the Officer shall deliver to him the certificate after having
endorsed thereon the date of the making of and subscribing the said
declaration.
(4) The certificate shall not take effect
unless the applicant makes and subscribes the declaration under the last
preceding section.
(5) Those certificates
which had been issued before the promulgation of the Union Citizenship
(Election) (Amendment) Act, 1954, shall not be deemed to be null and void for
not bearing the declaration that he owes allegiance to the Union.
[Section 8 was amended by
Acts XVII of 1954 and XXXII of 1957.]
9. If any petition or
affidavit, which is required to be filed under this Act, contains any averment
which the person making the same knows or believes to be false, such person
shall be deemed to have committed an offence under section 193 of the Penal
Code.
10. Except
with the prior leave of the President, no officer or court shall entertain an
application under section 4 if filed after the expiry of one year from the
commencement of this Act.
11. (1) The President may,
from time to time, make rules for carrying into effect the objects of this Act.
(2) In particular and
without prejudice to the generality of the foregoing power such rules may
provide for and regulate-
(a) the
presentation at the enquiry on behalf of the
(b) the
fees payable by the applicant in the proceedings for the grant of a
certificate;
(c) the
forms to be used under the Act including the certificate of citizenship; and
(d) the
forms of declaration renouncing any foreign nationality or status and owing
allegiance to the
Source: S.L. Verma’s “The Law Relating to Foreigners
and Citizenship in
[The document below is the original Act of 1948]
THE UNION CITIZENSHIP (ELECTION) ACT, 1948.
[ACT
No. XXVI OF 1948.]
WHEREAS it is necessary to make provision for the election of
citizenship by persons qualified under section 11 (iv)
of the. Constitution : It is hereby enacted as follows
: -
1. This Act may be called the Union Citizenship (Election) Act, 1948.
2. In this Act, unless the context otherwise requires, -
(a) "Officer" means any Officer nominated for the purposes of
this Act by the President.
(b) '' Minister " means a member of the
Government nominated by the President for the purposes of this Act.
(c) " Deputy Commissioner" includes "The District
Magistrate,
3. Any person who was born in any of the territories which, at the time
of his birth, was included in His Britannic Majesty's. dominions
and who had resided in any of the territories included in the
4. The application shall be made by petition which shall be accompanied
by an affidavit of the applicant stating -
(a) the place of his birth, and the time or
approximate thereof ;
(b) the period or periods he had resided in the
territories included in the
(c) his intention to reside permanently in the
territories. included in the
(d) the name, sex, place of birth and time of
birth, exact or approximate, of each of his minor children, alive at the date
of the application.
5 (1) On an application made for a certificate of citizenship, the
officer shall direct notice of such application to be issued to the Deputy
Commissioner of the district where the applicant resides and shall also have a
copy of the notice posted in some conspicuous place in the office of the Deputy
Commissioner.
(2) The application shall not be heard by the officer before four weeks
after the service of the notice on the Deputy Commissioner have expired.
(3) At any time, previous to the hearing of the application. the Deputy Commissioner may file with the officer an
objection, stating the grounds of such objection.
Any person, knowing of, or having evidence of, a disqualification in
the applicant, may communicate his knowledge or the evidence to the Deputy
Commissioner.
6. (1) At the hearing, the applicant for a certificate shall, subject
to the provisions of section 132 of the Code of Civil Procedure, personally
appear before the officer for examination unless the officer, for sufficient
reason to be recorded in writing, dispenses with his personal attendance. The
applicant shall produce before the officer at such hearing such evidence as he
may desire to establish that he is qualified under Section 11 (iv) of the Constitution to elect for citizenship.
(2} The Deputy Commissioner shall be entitled to adduce, at such
hearing, such evidence as he may desire in disproof of the applicant's claim.
(3) At the hearing, the officer shall not be bound by the Civil
Procedure Code or any other enactment but shall be guided by rules of natural
justice.
7. (1) If the officer decides that the applicant has established his right
to elect for citizenship of the Union, he shall forthwith transmit to the
Minister a certified copy of his decision together with the application for the
certificate and the affidavit annexed thereto.
(2) If the officer decides that the applicant is not entitled to so
elect, the applicant may file an application in revision against the order in
the High Court within sixty days from the date of the order.
8. (1) When the Minister receives a decision of the officer under
section 7, he shall, unless he is in doubt of the correctness of the decision
of the officer, issue a certificate of citizenship in such form as may be
prescribed and shall send the certificate to the officer by whom the decision
was made.
(2) If the Minister is in doubt of the correctness of the decision of
the officer, he may refer the application to the High Court on the Appellate
Side. To such a reference by the Minister or the application
under section 7 (2) the provisions of Order XLI of the Civil Procedure Code
shall apply.
(3) If the High Court, on a reference, confirms the decision of the
officer under section 7 (1), or set aside the order under/ section 7 (2), the
Minister shall issue a certificate of citizenship and transmit it to the
officer by whom the decision was made.
(4) The officer shall, on receipt of the certificate, call upon the
applicant to appear before him on a date fixed by him and to subscribe a
declaration on oath or affirmation renouncing any other nationality or status
as citizen of any foreign country and, on the applicant making and subscribing
such declaration, the officer shall deliver to him the certificate after having
endorsed thereon the date of the making of and subscribing the said
declaration.
(5) The certificate shall not take effect unless the applicant makes
subscribes the declaration under the last preceding section.
9. If any petition or affidavit, which is required to be filed under
this Act, contains any averment which the person making the same knows or
believes to be false, such person shall be deemed to have committed an offence
under section 193 of the Penal Code.
10. Except with the prior leave of the President, no officer or court
shall entertain an application under section 4 if filed after the expiry of one
year from the commencement or this Act.
11. (1) The President may, from time to time, make rules for carrying
into effect the objects of this Act.
(2) In reparticular and without prejudice to the generality of the
foregoing power, such rules may provide for and regulate-
(a) the presentation at the enquiry on behalf
of the Union of Burma ;
(b) the fees payable by the applicant in the
proceedings for the grant of a certificate;
(c) the forms to be used under the Act
including the certificate of citizenship; and
(d) the form of declaration renouncing any
foreign nationality or status.
Certified that the above text in English represents
a correct rendering of the Union Citizenship (Election) Act, 1948, promulgated
on the 8th .May 1948.
(
Judge, Supreme Court of the
Source: Government of the