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ENEMY FOREIGNERS ORDERS, 1965

 

Sections

Contents

 

 

Preamble

 

 

PART I

PRELIMINARY

 

1

Short title and extent.

 

2

Definitions.

 

 

PART II

GENERAL RESTRICTION ON ENEMY FOREIGNER

 

3

Registration on departure from Pakistan.

 

4

Restriction on taking out of Pakistan gold and other property.

 

5

Declaration as to property

 

6

Restriction on change of residence

 

7

Reports of presence and movements

 

8

Restriction on movements

 

9

Prohibited articles

 

 

PART III

INTERNMENT OF ENEMY FOREIGNERS

 

10

Internment camps

 

11

Arrest and internment of certain enemy foreigners

 

12

Temporary detention of internees in civil custody

 

13

Personal property internees

 

14

Arrest and detention of suspected enemy foreigners

 

15

Procedure for the production of internees in Courts

 

16

Application of Registration of Foreigners Rules, 1939, and Foreigners Order, 1951, not barred

 

 

ENEMY FOREIGNERS ORDERS, 1965

 

 

S.R.O. 141 (R) 65.– ln exercise of the powers conferred by Sections 3,4,8 and 10 of the Foreigners Act, 1946 (XXXI of 1946), and in supersession of the Enemy Foreigners Order, 1939, the Federal Government is pleased to make the Enemy Foreigners Order, 1965 (Gazette of Pakistan dated 18-11-1965).

 

 

PART I

PRELIMINARY

 

1. Short title and extent.-(1) This Order may be called the Enemy Foreigners Order, 1965.

(2) It extends to the whole of Pakistan including those Tribal Areas to which the Foreigners Act, 1946 (XXXI of 1940) for the time being applies.

2. Definitions.-In this Order, unless there is anything repugnant in the subject or context :–

(a) 'Act' means the Foreigners Act, 1946 (XXXI of 1946);

(b) 'Civil authority' means the civil authority appointed under subsection (b) of clause 2 of the Foreigner Order, 1951;

(c) 'Enemy foreigner' means a foreigner who possesses the nationality of a state at war with Pakistan or having possessed such nationality at any time, has lost it without acquiring any other nationality;

(d) 'internee' means any person arrested or liable to be arrested under paragraph 11;

(e) 'internment camp' means as internment camp established under paragraph 10;

(f) 'registered address' means registered address as defined in the Registration of Foreigners Rules, 1966;

(g) 'Registration Officer' means a Registration Officer as defined in the Registration of Foreigners Rules, 1966, and includes such other officer as may be authorised by him to perform the functions of a Registration Officer under this order.

 

 

PART II

GENERAL RESTRICTION ON ENEMY FOREIGNER

 

3. Registration on departure from Pakistan.-(l) No enemy foreigner shall depart from Pakistan for a destination outside Pakistan except in accordance with the conditions of a permit issued :-

(a) in relation to an enemy foreigner of the male sex who has attained the age of sixteen years, by the Federal Government;

(b) in relation to any other enemy foreigner by the civil authority having jurisdiction over the port from which the enemy foreigner leave Pakistan.

(2) No enemy foreigner shall depart from Pakistan for a an destination outside Pakistan across the external land frontiers of Pakistan.

(3) No enemy foreigner shall depart from Pakistan by sea except at the ports of Karachi or Chittagong.

4. Restriction on taking out of Pakistan gold and other property.- No enemy foreigner shall take out of Pakistan –

(1) any gold;

(2) any property other than :-

(a) personal luggage or effects in such quantity as the civil authority having jurisdiction over the port or other place at which the foreigner leave Pakistan, or any other officer authorised by the Provincial Government in this behalf, may decide to be reasonable, and

(b) resources whether in coin or negotiable instruments, or both not exceeding the value of one hundred and fifty rupees, with the addition thereto of fifty rupees in respect of each child travelling with the enemy foreigner.

(3) any such article as is mentioned in sub-paragraph (1) or in clause (a), (b), (d), (g), (h), or (i) of sub-paragraph (2) of paragraph 9, or without the permission of the civil authority, any such article as is mentioned in clause (c) or (e) of sub-paragraph (2) of that paragraph.

5. Declaration as to property.-An enemy foreigner shall at the time of embarking from Pakistan and on being required so to do by the civil authority or other officer appointed in this behalf by the Provincial Government make declaration as to the property in his possession, and, if so required. shall produce to such, authority or officer, any property or resources in excess of, or other than, those permitted by paragraph to be taken and such authority or officer may search any such foreigner and any luggage for the purpose of giving effect to this order.

6. Restriction on change of residence.-No enemy foreigner shall change his residence without the permission in writing previously obtained of the civil authority for the area to which he purposes to transfer his residence.

7. Reports of presence and movements.-Every enemy foreigner not under detention or confinement shall :–

(a) report his presence at his registered address once in every twenty-four hours to the Registration Officer, and

(b) if he is at any time absent from his registered address for more than twenty-four hours, report once during every day of such absence to the nearest civil authority :

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