Last Change:

06/20/2025

Foreigners Act

Original names of the law: Foreigners Act, 1946

Year: 1946

Type: Domestic law

Rights Category: Asylum, Freedom of movement, Liberty & security of person

Description

Applicable to foreigners in Pakistan

Selected provisions
11. Power to give effect to orders, direction etc.

11. Power to give effect to orders, direction etc.
(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 caused 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 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, as right of access to any land or other property whatsoever.

12. Power to delegate authority.

12. Power to delegate authority.
Any authority upon which any power to make or give any direction, consent or permission or to do any other act is conferred by this act or by any other made thereunder may, unless express provision is made to the contrary, in writing authorities, conditionally or otherwise, authority subordinate to it to exercise such power on its behalf, and thereupon the said subordinate authority shall subject to such conditions as may be contained in the authorisation be deemed to be the authority upon which such power is conferred by or under the Act.

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

13. Attempts, etc. to contravene the provisions of this Act, etc.
(1) Any person who attempts to contravene, or abets or attempts to abet, or does any act preparatory to, a contravention of the provision of this Act or any order made or direction given thereunder, or fails to comply with any direction given in the pursuance of any such order, shall be deemed to have contravened the provisions of this Act.

(2) Any person who, knowing or having reasonable cause to believe that any other person has contravened the provisions of this Act or any order made or direction given thereunder gives that other person any assistance with intent thereby to prevent, hinder or otherwise interfere, with his arrest, trial or punishment for the said contravention, shall be deemed to have abetted that contravention.

(3) The master of any vessel or the pilot of any aircraft, as the case may be, by means of which any foreigner enters or leaves Pakistan in contravention of any order made under, or direction given in pursuance of, section 3 shall, unless he proves that he exercised all due deligence to prevent the said contravention, be deemed to have contravened this Act.

13B. Prohibition to employ an illegal entrant.

13B. Prohibition to employ an illegal entrant.

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

14. Penalties.

14. Penalties.
Where any person contravenes any provisions of this Act or of any order made thereunder, or any direction given in pursuance of this Act or order, he shall, except as otherwise provided herein, be punished with imprisonment for a term which may extend to three 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 liable to be forfeited, and any person bound thereby shall pay the penalty thereof, or show cause to the satisfaction of the convicting Court as to why such penalty should not be paid.

(2) Where any person knowingly enters into Pakistan illegally, he shall be guilty of an offence under this Act and shall be punished with imprisonment for a term which may extend to ten years and fine which may extend to ten thousand rupees.]

14A. Restriction release on bail.

14A. Restriction release on bail.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as Code, any accused of an offence punishable under sub-section (2) of section 14 shall not be released on bail if there appear reasonable grounds for believing that he has been guilty of such offence.

14B. Deportation pending trial or undergoing sentence of imprisonment.

14B. Deportation pending trial or undergoing sentence of imprisonment.
Notwithstanding anything contained in this Act, the Code or any other law for the time being in force, a foreigner having no permission to stay in Pakistan or for whose deportation arrangements have been made by the Federal Government may, if his presence in Pakistan is not required in connection with any other case,-----

(i) with the consent of the Federal Government, be permitted by the Court trying him for any offence under this Act to depart from Pakistan; or

(ii) under the order of the Federal Government, be permitted to depart from Pakistan while he is undergoing any sentence passed under this Act.

14C. Custody pending deportation.

14C. Custody pending deportation.
A foreigner having no permission to stay in Pakistan, who has been convicted and sentenced to imprisonment under this Act shall not be released on the expiry of the sentence and shall continue to remain in custody for a period not exceeding three months to enable arrangements for his deportation to be finalized.]

14D. Registration of illegal immigrants.

14D. Registration of illegal immigrants.
(1) The Federal Government may, by order, establish an Authority to be knows as the Aliens Registration Authority, hereinafter referred to as the Authority.

(2) Any foreigner in Pakistan who immediately before the commencement of the Foreigners (Amendment) Ordinance, 2000, has no permission to stay in Pakistan shall get himself registered with the Authority.

(3) The Authority may permit a foreigner registered with it to work in Pakistan at such place and for such period as the Federal Government may, from time to time prescribe.

(4) The Federal Government may, by order, confer on the Authority such other functions in relation to foreigners in relation to foreigners as it may deem appropriate.]

15. Protection to the persons acting under this Act.

15. Protection to the persons acting under this Act.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.