Last Change:
05/09/2025
The Foreigners Act
Year: 1946
Type: Domestic law
Rights Category: Asylum, Freedom of movement, Liberty & security of person
Description
In absence of any refugee/asylum legislation at domestic level, the Foreigner's Act remains the key legislation regulating the Rohingya refugees in Bangladesh. By virtue of this Act, Government holds power to make provisions for prohibiting, regulating, restricting the entry, departure or presence of foreigners into Bangladesh (Section 3). The Government also has the authority to exempt any group of foreigners from the application of this Act (section 10).
Selected provisions
The Government may by order declare that any or all of the provisions of this Act or the orders made thereunder shall not apply or shall apply only with such modifications or subject to such conditions as may be specified, to or in relation to any individual foreigner or any class or description of foreigner.
(1) Any authority empowered by or under or in pursuance of the provisions of this Act to give any direction or to exercise any other power, may, in addition to any other action expressly provided for in this Act, take, or cause to be taken such steps and use, or cause to be used, such force as may, in its opinion, be reasonably necessary for securing compliance with such direction or for preventing or rectifying any breach thereof, or for the effective exercise of such power, as the case may be.
(2) Any police officer may take such steps and use such force as may, in his opinion, be reasonably necessary for securing compliance with any order made or direction given under or in pursuance of the provisions of this Act or for preventing or rectifying any breach of such order or direction.
(3) The power conferred by this section shall be deemed to confer upon any person acting in exercise thereof a right of access to any land or other property whatsoever.
If any person contravenes the provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or such order, he shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine; and if such person has entered into a bond in pursuance of clause (f) of sub section (2) of section 3, his bond shall be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court why such penalty should not be paid.
(a) “foreigner” means a person who is not a citizen of Bangladesh;
3. (1) The Government may by order 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 Bangladesh or their departure therefrom or their presence or continued presence therein.
(2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner-
(a) shall not enter Bangladesh, or shall enter Bangladesh 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 Bangladesh, 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 my be prescribed;
(c) shall not remain in Bangladesh or in any prescribed area therein;
(d) shall remove himself to, and remain in, such area in Bangladesh as may be prescribed;
(e) shall comply with such conditions as may be prescribed or specified-
(i) requiring him to reside in a particular place;
(ii) imposing any restrictions on his movements;
(iii) requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified;
(iv) requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified;
(v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified;
(vi) prohibiting him from association with persons of a prescribed or specified description;
(vii) prohibiting him from engaging in activities of a prescribed or specified description;
(viii) prohibiting him from using or possessing prescribed or specified articles;
(ix) otherwise regulating his conduct in any such particular 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 Bangladesh, detained or confined:
Provided that a person shall not be detained for a period exceeding six months unless an Advisory Board consisting of three persons appointed by the Government, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention.
(3) An order made under sub section (2) may make provision for such incidental and supplementary matters as may, in the opinion of the Government, be expedient or necessary for giving effect to the provisions of this Act.