The Foreigners Act, 1946 (XXXI of 1946)

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 there from. It is hereby as follows:

1. Short title

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

2. Definitions

In 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.

3. 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 there from 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; (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.

4. Internees

(1) Any foreigner in respect of whom there is in force any order made under clause (g) of sub-section (2) of section 3 shall be detained or confined in such place and manner and subject to such conditions as the Federal Government may from time to time determine. (3) No person shall knowingly assist an internee or a person on parole to escape or harbour such persons, or interfere with their apprehension.

5. Change of name

No foreigner shall assume or use any name other than that by which he was ordinarily known immediately before the commencement of this Act.

6. Obligations of masters of vessels, etc

Masters of vessels and pilots of aircraft must furnish particulars regarding foreign passengers and crew members to prescribed authorities.

7. Obligation of hotel-keepers and others to furnish particulars

It is the duty of keepers of lodging premises to submit information regarding accommodated foreigners.

8. Determination of Nationality

Provisions for determining the nationality of a foreigner when status is uncertain or claimed by multiple countries.

9. Burden of proof

In any case not falling under Section 8, the onus of proving that a person is not a foreigner lies upon that person.

10. Power to except from application of Act

The Federal Government may exempt specific individuals or classes from provisions of this Act.

11. Power to give effect to orders, directions etc

Authorities may use necessary force to secure compliance with orders and directions.

12. Power to delegate authority

Powers under this Act may be delegated to subordinate authorities in writing.

13. Attempts, etc., to contravene the provisions of this Act etc

Acts preparatory to contravention or abetment of contravention are deemed violations of this Act.

13A. Prohibition of assisting illegal entry

No one shall make arrangements to facilitate the entry into Pakistan of persons known or believed to be illegal entrants.

13B. Prohibition of employ an illegal entrant

No one shall knowingly employ a person who has no permission to stay in Pakistan.

14. Penalties

Contravention of the Act is punishable by imprisonment up to five years and fines.

14A. Restriction release on bail

Accused persons under section 14(2) shall not be released on bail where reasonable grounds exist for believing they are guilty.

14B. Deportation pending trial or undergoing sentence of imprisonment

Allows for deportation procedures for foreigners lacking permission to stay.

14C. Custody pending deportation

Foreigners convicted under this Act may be held in custody for up to three months after their sentence to facilitate deportation.

14D. Registration of illegal immigrants

Establishment of the Aliens Registration Authority for foreigners lacking permission to stay in Pakistan.

15. Protection to person acting under this Act

No legal proceeding shall lie against anyone for actions taken in good faith under this Act.

16. Application of other laws not barred

This Act is in addition to the Registration of Foreigners Act, 1939, and the Passport Act, 1920.

17. Repeals

Previous Foreigners Acts from 1864, 1940, and the 1946 Ordinance are repealed.