Updated: Sunday February 16, 2025/AlAhad Sha'ban 18, 1446/Ravivara Magha 27, 1946, at 02:07:29 PM
The Exit from
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Sections |
Contents |
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Preamble |
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1 |
Short title, extent and commencement |
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2 |
Power to prohibit exit from |
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3 |
Review |
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4 |
Punishment |
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5 |
Power to make rules |
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The Exit from
XLVI OF 1981
31st December, 1981
An
Ordinance to provide for the control of exit of certain persons from
Whereas it is expedient
to provide for the control of exit of certain persons from
And whereas the President is satisfied that circumstances exist which render it necessary to take immediate action:---
Now, therefore, in pursuance of the Proclamation of the Fifth day of July, 1977, read with the Provisional Constitution Order, 1981 and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:---
1.
Short title, extent and commencement.
(1) This Ordinance may be called the Exit from
(2) It
extends to the whole of
(3) It shall come into force at once.
2.
Power to prohibit exit from
(2) Before making an order under sub-section (1), the Federal Government shall afford a reasonable opportunity of showing cause to the person against whom is intends to issue the order.
(3) The Federal Government shall immediately deliver a coy of the order made under sub-section (1), alongwith the grounds for the order, to the person against whom the order has been issued. The Federal Government shall also cause publication of all such orders in the official Gazette and shall release a copy of the same for publication in the press, immediately on issuance of order under sub-section (1)”.
3. Review. (1) Any person aggrieved by an order of the Federal Government under sub-section (1) of section 2 may, within fifteen days of the making of the order, make a representation to the Federal Government for a review of the order, setting out in the representation the grounds on which he seeks the review.
(2) The Federal Government may, after giving the person making a representation an opportunity of being heard, make such order as it may deem fit.
(3) Subject to the order of the Federal Government in review, an order under sub-section (1) of section 2 shall be final and shall not be called in question before any courts or other authority.
4. Punishment. Whoever contravenes, or attempts or conspires to contravene, or abets the contravention of, any order made under sub-section (1) of section 2 shall be punishable with imprisonment for a term which may extend to five years.
5. Power to make rules. The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
Exit
from Pakistan (Control) Rules, 2010
[Gazette
of Pakistan, Extraordinary, Part II,
2nd
July, 2010]
S.R.O.74(KE)2010,
dated 9-4-2010.---In exercise of the powers conferred by section 5 of the Exit
from Pakistan (Control) Ordinance, 1981) (XLVI of 1981), the Federal Government
is pleased to make the following rules, namely:---
1.
Short tile and commencement.---(1) These rules may be called
the Exit from Pakistan (Control) Rules, 2010.
(2)
They shall come into force at once.
2.
Grounds to prohibit persons from proceeding from Pakistan to a destination
outside Pakistan.---(1) The Federation Government may, oy an order in writing under
subsection (1) of section 2 of the Exit from Pakistan (Control) Ordinance, 1981
(XLVI of 1981), prohibit any person from proceeding from Pakistan to a
destination outside Pakistan notwithstanding the fact that any person is in
possession of valid travel documents if he is involved in:
(a)
corruption and misuse of power or authority causing loss to the government's
funds or property;
(b)
economic crimes where large governments funds have been embezzled or
institutional frauds committed;
(c)
acts of terrorism or its conspiracy, heinous crimes and threatening national
security;
(d)
case of key directors of a firm, in default of tax or liabilities of not less
than ten million rupees;
(e)
case of two or more key or main directors of a firm, in default of loan or
liabilities exceeding one hundred million rupees;
(f)
any case and his name forwarded by the Registrar of a High Court, Supreme Court
of Pakistan or Banking Court only; or
(g)
drug trafficking.
(2)
Nothing in sub-rule (1) shall apply to---
(a)
persons involved in private disputes where government interest is not at stake,
except cases of fraud against foreign banks and reputable companies with
significant foreign investments;
(b)
person involved in crime like murder and dacoity, etc., unless special grounds
are furnished by the relevant home departments;
(c)
directors who represent foreign investment in business;
(d)
women or children undergoing education who are appearing as directors merely
due to their family relationship with major shareholders; or
(3)
Name of any person placed on the exit control list maintained by the Federal Government
in pursuance of an order made under subsection (1) of section 2 of the said
Ordinance and who:
(a)
has proceeded from Pakistan, shall remain on such list, so long as the said
order is in force, for taking legal action against him on return to Pakistan.
(b)
is in judicial custody likely to be released on bail by a competent court of
law, shall remain on such list so long as the said order is in force; and
(c)
has been convicted by a competent court of law for any offence shall remain on
such list so long as the said order is in force and till his conviction attains
finality.
3.
Service of order.--An order made under subsection (1) of section 2 of the said
Ordinance shall be served on the person concerned either through the local
authorities or the staff of the immigration check post or by registered post
and a copy thereof shall be forwarded to the Provincial Government, the Federal
Investigation Agency and the Directorate of Immigration and Passports for
immediate compliance:---
Provided
that an omission, for any reason, to serve the order on any person in the
matter aforesaid shall not be deemed to affect the powers of the authorities at
an immigration check-post to prevent departure of the said person from Pakistan
on the authority of the copy in their possession.
4.
Repeal.---The Exit from Pakistan (Control) Rules, 1983 are hereby'
repealed.
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