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Foreigners Act, 1946

Sections Contents  
  Preamble  
1 Short title  
2 Definitions  
3 Powers to make orders  
4 Internees  
5 Change of name  
6 Obligations of masters of vessels, etc  
7 Obligation of hotel-keepers and others to furnish particulars  
8 Determination of Nationality  
9 Burden of proof  
10 Power to except from application of Act  
11 Power to give effect to orders, directions etc  
12 Power to delegate authority  
13 Attempts, etc., to contravene the provisions of this Act etc  
14 Penalties  
15 Protection to person acting under this Act  
16 Application of other laws not barred  
17 Repeals  

 

 

FOREIGNERS ACT, 1946

(XXXI OF 1946)

23rd November, 1946

An Act to confer upon the Federal Government

certain powers in respect of foreigners.

Preamble.-Whereas it is expedient to provide for the exercise by the Federal Government of certain powers in respect of the entry of the Foreigners into Pakistan, their presence and their departure therefrom. It is hereby as follows:-

  1. Short title.–(1) This Act may be called the Foreigners Act, 1946.

Extent, commencement.-(1) It extends to the whole of Pakistan and it shall come into force on the 23rd day of November, 1946.

  1. Definitions.– ln this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context :-

(a) ‘Foreigner’ means a person who is not a Citizen of Pakistan.

(b) ‘Prescribed’ means prescribed by orders made under this Act.

(c) ‘Specified’ means specified by direction of a prescribed authority.

  1. Powers to make orders.-(1) The Federal Government may by orders make provision either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed Class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into Pakistan, or their departure therefrom or their presence or continued therein.

(2) In particular and without prejudice to be generality of the foregoing power, order made under this section may provide that the foreigner :-

(a) shall not enter [Pakistan] or shall enter [Pakistan] only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed ;

(b) shall not depart from Pakistan or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as may be prescribed ;

(c) shall not remain in Pakistan, or in any prescribed area therein;

(d) shall remove himself to, and remain in, such area in Pakistan as may be prescribed ;

(e) shall comply with such conditions as may be prescribed or specified ;

(i) requiring him to reside in a particular place ;

(ii) imposing any restrictions on his movements ;

(iii) requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified ;

(iv) requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified ;

(v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified ;

(vi) prohibiting him from association with person of a prescribed or specified description ;

(vii) prohibiting him from engaging in activities of a prescribed or specified description ;

(viii)prohibiting him from using or possessing prescribed or specified articles ;

(ix) otherwise regulating his conduct in any such particular as may be prescribed or specified.

(f) shall enter into a bond with or without sureties for the due observance of or as an alternative to the enforcement of any or all prescribed or specified restrictions or conditions ;

(g) shall be arrested and, in the interest of the security of Pakistan, detained or confined :
Provided that a person shall not be detained for a period longer than two months without the authority or a Board consisting of a Judge of the Supreme Court who shall be nominated by the Chief Justice of the Court and another senior officer in the service of Pakistan, who shall be nominated by the President.

(3) An order made under sub-section (2) may make provisions for such incidental and supplementary matters as .may in the opinion of the Federal Government be expedient or necessary for giving effect to the provisions of this Act.

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