Updated: Wednesday April 13, 2011/AlArbia'a
Jamada El Oula 10, 1432/Budhavara
Chaitra 23, 1933, at 11:09:49 PM
The Foreigner's Order, 1951
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Sections |
Contents |
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Preamble |
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1 |
Short title, commencement and extent |
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2 |
Definitions |
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3 |
Power
to grant or refuse permission to enter |
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4 |
Landing of seamen, etc |
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5 |
Power
to grant permission to depart from |
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6 |
Liability of master of vessel, etc. to remove a foreigner |
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7 |
Restrictions
on sojourn in |
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8 |
Prohibited places |
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9 |
Protected areas |
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10 |
Restriction on employment |
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11 |
Powers to impose restrictions on movements, etc |
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12 |
Power to remove foreigners from cantonments |
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13 |
Power to close clubs and restaurants |
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14 |
Expenses of deportation |
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15 |
Power to arrest and detain |
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15-A |
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15-B |
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16 |
Appearance In Court by persons on parole |
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The 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:
1. Short title, commencement and extent.--(l) This order may be called the Foreigner's Order,
1951.
(2) It extends to the whole of
(3) It shall come into force at once.
2. 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.
3. 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
Provided that this clause shall not apply in relation to
the nationals of
(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
(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
4. Landing of seamen, etc. No seaman or member of the
crew of an aircraft, being a foreigner shall land in
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.
5. Power to grant permission to depart from
(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
(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.
6. 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
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
(ii) Person visiting
(iii) Transport workers visiting
(iv) Person visiting
(v) Persons granted gratis or courtesy visas.
8. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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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