(v) Persons granted gratis or courtesy visas.

  1. Prohibited places. (1) No foreigner shall, without the permission of the civil authority having jurisdiction at such place, visit or reside in any prohibited place as defined in the Official Secrets Act (XIX of 1923).

(2) Where any foreigner is at the commencement of this order residing in any prohibited place and is not permitted under sub-clause (1) to continue to reside there, he shall within such time as may be specified by the civil authority remove himself from such place.

(3) The civil authority may impose on any householder or other person in such prohibited place the obligation to report to the police or to any naval, military or air force authority the presence of any foreigner in his household or in any premises of occupied by him or under control and the departure of any such foreigner and such other particulars with respect to such foreigner as may be prescribed by the authority.

9. Protected areas. (1) The Federal Government or with its prior sanction, a civil authority may by order declare any area to be a protected area for the purposes of this order.

(2) On such declaration, the civil authority may, as to any protected area by order :

(a) prohibit any foreigner or any class of foreigners from entering or remaining in the area.

(b) impose on any foreigner or class of foreigners from entering or being in the area such conditions or restrictions as it may think fit as so :-

(i) reporting to the police or any naval, military ;

(ii) surveying or making sketches or photographs;

(iii) the use or possession of any machine, apparatus, or other article of any description ;

(iv) the acquisition of land or any interests in land within the area;

(v) any other matter or thing as to which it may deem it necessary in the interest of the public safety to impose conditions or restrictions ;

(e) impose on any house holder or other person the obligation to report to the police or any naval, military or air force authority the presence of any foreigner in his household or in any premises occupied by him or under his control and the departure of any such foreigners and such other particulars with respect to any such foreigner as may be prescribed by the Order:

Provided that the civil authority may, subject to any general or specified the direction of the Federal Government grant to an individual foreigner a special permit exempting him from any or all the conditions and restrictions imposed under this sub-clause.

  1. Restriction on employment. No foreigner shall, without the general or special permission in writing of the civil authority, enter any premises relating to, or he employed in, or in connection with :

(1) Any undertaking for the supply to Government or to the public of light, petroleum, power or water, or;

(2) Any other undertaking which may be specified by the Federal Government in this behalf.

  1. Powers to impose restrictions on movements, etc. The civil authority may, by order in writing, direct that any foreigner shall comply with such condition as may be specified in the order in respect of :

(1) his place of residence,

(2) his movements,

(3) his association with persons of a description specified in the order, and

(4) his possession of such articles as may be specified in the order.

 

  1. Power to remove foreigners from cantonments. The military officer for the time being in command of the force in a cantonment may by order in writing direct any foreigner to remove himself from the cantonment with such time as may be specified in the order.
  2. Power to close clubs and restaurants. (1) A civil authority may direct that any premises in its jurisdiction which in its opinions are used for the sale of refreshment to be consumed on the premises, or as a place of public report or entertainments, or as a club and which are or have recently been frequented by foreigners shall be closed altogether or kept open only during such hours and for such purposes as may be permitted by the authority, if in its opinion either :

 

(a) the foreigners so frequenting the premises are of criminal or subversive association or otherwise undesirable; or

(2) the premises are conducted in a disorderly or improper manner prejudicial to the public order or interest and if any premises are kept open in contravention of any such direction the occupier or person having control of the premises shall be deemed to have acted in contravention of this order.

(3) Where any premises have been closed altogether or permitted to open only during such hours and for such purposes as aforesaid under this clause the occupier or person having control of the premises shall not occupy any other premises which are used for the sale of refreshments, or as a public resort or entertainment, or as a club without the consent of civil authority of the area in which the premises are situated.

(4) Any police officer if authorised by the civil authority, may, for the purpose of enforcing the provisions of the clause enter, if necessary, by force, and search or occupy and premises in respect of which an order this clause has been made by the civil authority.

(5) Any action taken by a civil authority under sub-clauses (1) to (3) above shall be reported forthwith to the Federal Government which-may cancel or modify such order in such manner as it deems fit.

  1. Expenses of deportation. Where an order is made in the case of the foreigner directing that he shall not remain in Pakistan or where a foreigner is refused permission to enter Pakistan or has entered Pakistan without permission the Federal Government may, if it think fit, apply any money or property of the foreigner in payment of the whole or part of the expenses of or incidental to the voyage from Pakistan and the maintenance until departure of the foreigner and his dependants, if any.
  2. Power to arrest and detain, if, in opinion of the civil authority, it is necessary in the interest of the Security of Pakistan so to do, the civil authority may arrest any foreigner without warrant, and, subject to the provisions of Sec. 3, sub-section (2), clause (g), sub-section (3) and sub-section (4), Section 3 of the Foreigners Act, 1946, detain him for such time, in such manner and at such place as the civil authority may consider suitable :

Provided that a report of such arrest and detention shall be forthwith to the Federal Government with a statement of reasons therefor and the Federal Government may cancel such order or modify the manner of such detention in such manner as it may deem fit:

15-A. A civil authority may order that a foreigner shall enter into a bond with or without sureties for the due observation of or as an alternative to the enforcement of any or all prescribed or specified restrictions and conditions.

15-B. Notwithstanding anything contained in this order the Federal Government or any authority authorised by them in that behalf may itself exercise all the powers and functions of a civil authority in a particular case or classes of cases.

  1. Appearance In Court by persons on parole. (1) No foreigner in respect of whom there is in force an order under clause (e) of sub-section (2) of Section 3 of the Foreigners Act, 1946 (XXXI of 1946) requiring him to reside in a place set apart for the residence under supervision of a number of foreigner shall be removed from such place for the purpose of appearance in any Civil Court or unless his attendance is required for the purpose of answering charge of an offence in any Criminal Court.

(2) If any Court the attendance of such foreigner is required for the purpose of answering a charge of an offence, the provisions of Sections 37, 38, 40 and 41 of the Prisoners Act, 1900 (111 of 1900), shall apply as if references in the said sections, to a prison, the officer-in-charge of a prison and the Provincial Government were references to such place, the commandant of such place and the Federal Government respectively.

(3) If in any case the evidence of such foreigner is required for the purposes of any proceeding in any Civil Court, the provisions of Sections 44, 45 and 46 of the Prisoners Act, 1900 (111 of 1900) shall apply as if references in the said sections to a prison and the officer-in-charge of a prison were reference to such place and the commandant of such place respectively, and as if in Section 44 the words and figures ‘who, for any of the causes mentioned in Section 42 or Section 43, cannot be removed’ in clause (a) and clauses (b) and (c) were omitted.

(4) If in any case the evidence of such foreigner is required in connection with any proceeding in a Criminal Court it may be obtained by the issue of a commission in accordance with the provision of Chapter XL of the Code of Criminal Procedure, 1898 (V of 1898).

(5) The provisions of Sections 47 to 51 of the Prisoners Act, 1900 (III of 1900), shall apply as if reference in the said sections to a prison, the officer-in-charge of a prison and the Provincial Government were references to such place, the commandant of such place, and the Federal Government respectively:

Provided that unless the Federal Government makes rule of the nature described in the said Section 51, the rule in force in the Province in which such place is situated shall mutatis and mutandis be applicable.

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