FOREIGNER’S ORDER, 1951
|1||Short title, commencement and extent|
|3||Power to grant or refuse permission to enter Pakistan|
|4||Landing of seamen, etc|
|5||Power to grant permission to depart from Pakistan|
|6||Liability of master of vessel, etc. to remove a foreigner|
|7||Restrictions on sojourn in Pakistan|
|10||Restriction on employment|
|11||Powers to impose restrictions on movements, etc|
|12||Power to remove foreigners from cantonments|
|13||Power to close clubs and restaurants|
|14||Expenses of deportation|
|15||Power to arrest and detain|
|16||Appearance In Court by persons on parole|
FOREIGNER’S ORDER, 1951
26th October, 1951
In exercise of the powers conferred by section 3 of the Foreigners Act, 1946 (XXXI! of 1946) and in suppression of the Foreigner’s Order, 1939 published in Notification No. 21/84/39 Poll, dated the 26th August, 1939 by the Home Department of the late Government of India and all notifications amending the same, the Federal Government has been pleased to make the following Order:
- Short title, commencement and extent.–(l) This order may be called the Foreigner’s Order, 1951.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
- Definitions.-In this order.
(a) ‘Registration Officer’ means a Registration Officer appointed by Federal Government under Rule 3 of the Registration of Foreigners Rules, 1939 and includes an authority authorised by. a Registration Officer in writing to perform the duties of Registration Officer under this Order.
(b) ‘Civil authority’ means such authority as may be appointed by the Federal Government in this behalf for such area as it thinks fit; and
(c) ‘Port’ includes an airport.
- Power to grant or refuse permission to enter Pakistan : (1) No foreigner shall enter Pakistan otherwise than at a port or such place of entry on the borders of Pakistan as a Registration Officer having jurisdiction at such port or place may appoint in this behalf or without the leave of the civil authority having jurisdiction at such port or place.
(2) Leave to enter shall be refused if the civil authority is satisfied that :–
(a) the foreigner is not in possession of a passport or visa valid for Pakistan or has not been exempted from the possession of passport or visa; or
Provided that this clause shall not apply in relation to the nationals of Tanzania, Malaysia, Hong Kong, Zambia, Uganda, Trinidad, Tobago, Singapore, Ireland and Maritius and, in relation to the nationals of a country which has a reciprocal agreement with Pakistan shall have effect Subject to the provisions of such agreement.
(b) he is of unsound mind or is mentally defective ;
(c) he is suffering from a loathsome or infectious disease in consequence of which, in the opinion of the medical officer of the port or the place of entry, as the case may be, his entry is likely to prejudice the public health; or
(d) he has been sentenced in a foreign country for an extradition offence within the meaning of the Extradition Act, 1903 (XV of 1903); or
(e) his entry is prohibited under an order issued by a competent authority or under the specific orders of the Federal Government.
(3) The civil authority may attach such conditions as it thinks fit to the grant of leave to enter and such conditions may be varied in such manner or cancelled as the Federal Government deems fit.
(4) (a) Notwithstanding anything contained in sub-clauses (1) to (3) or in the Passport Act, 1920 (XXXIV of 1920), or in the clauses made thereunder a civil authority may in the interests of the public safety, prohibit the entry of any foreigner into Pakistan.
(b) whenever the civil authority issues an order under clause (a) it shall report the matter forthwith to the Federal Government which may cancel or modify the order in such manner as it thinks fit.
(5) Where leave to enter is refused to a foreigner, he may be detained at some place approved by the civil authority and may if he has come by sea, be placed temporarily on shore for that purpose, and whilst he is so detained he shall be deemed to be in legal custody and not to have entered Pakistan.
- Landing of seamen, etc. No seaman or member of the crew of an aircraft, being a foreigner shall land in Pakistan without a special permit from the Superintendent of Police or any other police officer not below the rank of a Sub-Inspector or Sergeant:
Provided that if a member of the crew of an airlines flight possessing a licence in the prescribed form or a valid Crew Member Certificate is allowed on a reciprocal basis entry in Pakistan without a passport or. visa, he shall not require such permit for an initial stay of 72 hours, but if he stays beyond that period he shall obtain a special permit from the authorities concerned on completion of necessary formalities.
(2) No special permit shall be granted unless the-owners or agents of the vessel or aircraft have undertaken either generally in respect of all members of the crews of vessels or aircraft belonging to or managed by them, or in respect of an individual case responsibility for the maintenance of such seaman or member of the crew as long as he is in Pakistan and for the expenses of his departure from Pakistan.
(3) For the purpose of this clause, ‘seaman’ means a person employed in, or engaged in the working of a vessel.
(4) The provisions of this clause are in addition to, and not in derogation of the provisions of rule 3.
- Power to grant permission to depart from Pakistan. (1) No foreigner shall leave Pakistan otherwise than at a port or such recognised place of departure on the borders of Pakistan as a Registration Officer having jurisdiction at such a port or place may appoint in this behalf, or without the leave of the civil authority having jurisdiction at such port or place.
(2) Leave shall be refused if the civil authority is satisfied that –
(a) the foreigner has failed to comply with the formalities of departure prescribed under the Registration of Foreigners Rules, 1939; or
(b) his presence is required in Pakistan to answer a criminal charge; or
(c) his departure will prejudice the relations of the Federal Government with a foreign power; or
(d) his departure has been prohibited under an order issued by a competent authority.
(3) Notwithstanding anything contained in sub-clause (2) a civil authority may be an order prohibit the departure of a foreigner where it is satisfied that such departure would be contrary to the public interest.
(4) Whenever a civil authority makes prohibitory order sub-clause (3) it shall send a copy thereof forthwith to the Federal Government which may cancel or modify the order in such manner as it thinks fit.
- Liability of master of vessel, etc. to remove a foreigner. (1) A civil authority may require the master of the vessel or pilot of the aircraft in which a foreigner has arrived, or the owners or agents of that vessel or aircraft, as may be appropriate in the opinion of such authority, to remove a foreigner who has been refused permission to enter, who has entered Pakistan, without its permission; and the master, pilot, owner or agent, as the case may be, shall comply with-such requisition.
(2) The master of a vessel or the pilot of an aircraft scheduled to call at any, port outside Pakistan shall, if so required by the Federal Government, receive a foreigner in respect of whom an order directing that he shall not remain in Pakistan has been made and his dependent, if any, on board the vessel or aircraft, as the case may be, and afford him and them a passage to that. part and proper accommodation and maintenance during the passage.
7. Restrictions on sojourn in Pakistan. Every foreigner, ‘not being a Commonwealth citizen (other than a citizen of India, Bangladesh or Kenya or Uganda) as defined in the British Nationality Act, 1948) (11, 12, Geo S. Ch. 56)’ [or a tourist as defined in rule 2 of the Registration of Foreigners Rules, 1966], who enters or has entered Pakistan on the authority of a visa issued in pursuance of the Passport Act, 1920 [XXXIV of 1929), shall obtain from the Registration Officer having jurisdiction at the place at which the said foreigner enters [or has entered] Pakistan a permit indicating the period during which he is authorised to remain in Pakistan and shall unless the period indicated in the permit is extended by the Federal Government depart from Pakistan before the expiry of the said period and at the time of foreigners departure from Pakistan the permit shall be surrendered by him to the Registration Officer having jurisdiction at the place from which he departs.
The following classes of Indian citizens shall be exempted from the provisions of clause 7 of the Foreigners Order, 1951, namely :
(i) Persons visiting of Pakistan on the authority of ‘A’ category visas for Pakistan.
(ii) Person visiting Pakistan on the authority, of ‘D’ category visas for Pakistan.
(iii) Transport workers visiting Pakistan on the authority of ‘B’ category visas for Pakistan.
(iv) Person visiting Pakistan for a period not exceeding 15 days.