Passports Act, 1974

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THE PASSPORTS ACT, 1974 
 
 
 
CONTENTS 
 
1.  Short title, extent and commencement  
2.  Definitions 
3.  Prohibition of departure from Pakistan without passport, etc. 
4.  Punishment for contravention of sections 3, etc. 
5.  Certain acts to be deemed contravention of section 3 
6.   Penalties for certain  offences  relating  to passport. 
7.  Power of arrest, seizure, etc.  
8. Power to cancel, impound or confiscate passport 
9.  Burdon of proof 
10. Indemnity 
11.  Delegation of power 
12. Power to exempt 
13.  Power to make rules 
14.  Act not to derogate from other laws 
15.  Repeal  
 
 

 
 
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THE PASSPORTS ACT, 1974. 
1ACT NO. XX OF 1974 
 
[7th March, 1974] 
 
An Act to regulate departure from and entry into Pakistan and visit to foreign countries of the 
citizen of Pakistan. 
 
WHEREAS it is expedient to regulate departure from and entry into Pakistan and visit to 
foreign countries of citizens of Pakistan and to provide for matters ancillary thereto; 
 
It is hereby enacted as follows:— 
 
1. Short title, extent and commencement.—(1) This  act  may  be  called  the Passports 
Act, 1974. 
 
(2) It extends to the whole of Pakistan and also applies to all citizens of Pakistan, wherever 
they may be. 
 
(3) It shall come into force at once. 
 
2. Definitions. In this Act, unless there is anything repugnant in  the  subject or 
context,— 
(a) “passport” means a passport 1[including a  diplomatic passport and an official 
passport] which is for the time being valid, and includes any such permit, or other 
travel document authorising the holder thereof to travel from Pakistan to any other 
country, issued by or under the authority of the Federal Government; . 
 
(b) “Prescribed” means prescribed by rules made under this Act. 
 
3. Prohibition of departure from Pakistan without passport, etc. No citizen of 
Pakistan shall— 
 
(a) depart from Pakistan by any means whatever unless he is in possession of a 
passport, nor otherwise than from such port or place, by s uch route and in 
accordance with such conditions, as may be prescribed; or 
 
(b) visit a foreign country unless his passport is valid for such country. 
 
4. Punishment for contravention of sections 3, etc. —(1) A citizen of Pakistan who is of 
the age of twelve years or more shall be punishable with imprisonment for a term which may 
extend to one year, or with fine, or with both, if he— 
 
(a) contravenes or attempts to contravene or abets the contravention of any of 
the provisions of section 3; or 
 
(b)  enters or attempts to enter Pakistan by any means whatever without being in 
possession of a passport or otherwise than at such port or place, or by such 
route, as may be prescribed. 
 
1 For Statement of Objects and Reasons, see Gaz. of P., 1974, Ext., Pt. III, p. 181. 
2 Ins. by the Passports (Amdt.) Ordinance, 1978 (21 of 1978), s. 2. 
 
 
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(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 
1898.), an offence punishable under subsection (1) or sub-section (2) shall be non- bailable. 
 
(2) A person departing from or entering, or attempting to depart from or enter, Pakistan in 
whose custody or  charge a person who has not attained the age of twelve years d eparts from or 
enters, or attempts to depart from or enter, Pakistan in contravention of section 3 or clause (b) of 
sub-section (1) shall, in addition to any penalty to which he may be otherwise liable, be liable to the 
penalty provided for in that sub-section. 
 
5. Certain acts to be deemed contravention of section 3.—(1) Whoever gives any person 
who has contravened the provisions of section 3, any assistance with int ent thereby to p revent, 
hinder or otherwise interfere with his arrest, trial or punishment for such contravention,  shall  be  
deemed  to  have  abetted  the  offence  of  contravention  of  the provisions of that section. 
 
(2) The  owner, master or person in charge of any m eans of transport who causes or 
knowingly allows any person to depart from Pakistan in contravention of the provisions of section 3 
by such means of transport shall be deemed to have contravened the Provision of that section and 
the means of transport shall, if the court convicting the owner, master or person in charge so directs, 
be forfeited to the Federal Government. 
 
6.  Penalties  for  certain  offences  relating  to passport.—(1) A  p erson  sh all  be 
punishable with imprisonment which may-extend to three years, or with fine, or with both, if he— 
 
(a) makes or makes use of any statement which he knows or believes to be false 
in any document for obtaining passport; or 
 
(b)  attests or verifies a statement which he knows or has reason to believe to be 
false in any document used for obtaining a passport; or 
 
(c)  wilfully conceals any fact which under the circumstances he ought to disclose 
for the purpose of obtaining a passport for himself or another person; or 
 
(d)  forges, alters or tampers with any passport or any document which he uses for 
obtaining a passport; or 
 
(e)  uses a passport which has been forged, altered, or tampered with; or 
 
(f)  uses for obtaining a passport a document which has been forged, altered or 
tampered with; or 
 
(g)  is in wrongful possession of a passport not lawfully issued to him or allows 
his passport to be used “by another person; or 
 
(h)  traffics in passports or any documents required for obtaining a passport; or 
 
(i)  wilfully fails or neglects to return a passport issued to him, if he is required to 
do so or if an order cancelling, impounding or confiscating it is made 1[;or] 
 
1[(j)  obtains mo re than one passport for himself either in the same or different 
names  by  concealing  the  fact  of  his  already  being  in  possession  of  a 
passport]. 
 
1 Subs. and added by the Passports (Amdt.) Ordinance, 1978 (21 of 1978), s. 3. 
 
 
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Provided that a person guilty of  an offence punishable under clause (h) shall be punish ed 
with rigorous imprisonment for a term which shall not be less than six months and with fine which 
shall not be less than one thousand rupees. 
 
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V 
of 1898), an offence punishable under clause (b) of sub-section (1) shall be a bailable offence. 
 
7. Power of arrest, seizure, etc.—(1) Any police officer not below the rank of Sub- 
Inspector, and any officer of Customs empowered by a general or special order of the Federal 
Government in this behalf, may arrest without warrant any person who has contravened, or against 
whom a reasonable suspicion exists that he has contravened any provision of this Act. 
 
(2)  A ny police  officer  or  other  person authorised  in  this  b ehalf  by the  Federal 
Government may seize in any place any means of transport which he knows or has reason to believe 
to be the means of transport by which a person has departed from Pakistan in contravention of the 
provisions of section 3. 
 
(3) Any means of transport seized under sub-section (2) shall be disposed of in accordance 
with the decision of the court before which the owner, master or person in charge thereof is 
prosecuted under sub-section (2) of section 5 for a contravention of section 3. 
 
(4) Every officer making an arrest under this section shall, within a period of twenty- four 
hours of such arrest exclusive of the time necessary for the journey from the place of arrest to the 
court of the nearest Magistrate, take or s end the person arrested before a M agistrate having 
jurisdiction in the case or before the officer incharge of the nearest police station; and thereupon the 
provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), applicable in respect of a 
person who, having been arrested without warrant, has been taken or sent before a Magistrate has 
been taken or sent before a Magistrate or an officer incharge of a police station shall apply to him. 
 
8. Power to cancel, impound or confiscate passport.—(1) A passport issued by or on  
behalf of the Federal Government shall be the property of the Federal Government and may, by an 
order under the hand of a Secretary to the Government of Pakistan, 1[or an officer authorised 
by the Federal Government in this behalf] be required to be returned and shall also be liable to be  
cancelled, impounded or confiscated by a like order. 
 
(2) Subject to sub-section (3), before making an order under sub-section (1) in respect of 
the passport issued to any person, the Federal Government shall give such person notice in w riting 
calling upon him to show cause why the order should not made: 
 
2[Provided that no such notice need be given in the case of an order impounding a Passport if 
it is necessary in the opinion of the Secretary or such other officer to take immediate action, but an 
opportunity to show cause against the making of the order shall be afforded to the person to whom 
the order relates, within two weeks from the making of the order.] 
 
 
 
 
 
1Ins. by the passports (Amdt.) Ordinance, 1978 (21 of 1978), s. 4. 
2 Subs. by the Passports (Amdt.) Act, 1992 (15 of 1992), s. 2, for the original proviso. 
 
 
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(3) If t he Federal Government has reason to believe th at the p erson in respect of whose  
passport it is proposed to make an order under sub-section (1) is, or has been, engaged in 
subversive activities or in activities which are prejudicial to the interest of Pakistan or to Pakistan's 
relations with any foreign power, it shall not be necessary to give to  such person the notice 
provided for in sub-section (2) or to afford him an opportunity of being heard. 
 
(4) Any person in respect of whose passport an order under sub-section (1) has been made in 
the circumstances referred to in sub-Section (3) may, within thirty days of the date of the order, 
apply to the Federal Government for a review of the order; and the decision of the  Federal 
Government in review shall be final. 
 
1[(5) Any expenditure incurred by the, Federal Government on the repatriation to Pakistan of 
a citizen of Pakistan who gets stranded or becomes a destitute while he is in a foreign country, or for 
any other reason, shall be recoverable as an arrear of land revenue.]. 
 
9. Burdon of proof. The burden of proving that a statement made in any document used for 
obtaining a passport is true shall lie on the person making the statement and the burden of proving 
that the owner, master or person in charge of any means of transport by which any person departs 
from Pakistan in contravention of the provisions of section 3 did not knowingly allow such person 
to so depart shall lie on such owner, master or person in charge. 
 
10. Indemnity. 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 in pursuance of this Act or of any rules 
made thereunder. 
 
11.  Delegation of power.  The Federal Government may, by  notification in the  official 
Gazette, direct that any of its powers or functions under this Act shall, in such circumstances and 
subject to such conditions, if any, as may be specified in the notification, be exercised or performed 
also— 
 
(a)  by any officer or authority subordinate to the Federal Government; 
 
(b)  by any Provincial Government or by any officer or authority subordinate to 
such Government. 
 
12. Power to exempt. The Federal Government may, by notification in the official Gazette, 
exempt any person or class of persons from all or any of the provisions of this Act or the rules 
made thereunder. 
 
13. Power to make rules. —(1) The Federal Government may, by notification in the official 
Gazette, make rules2 for carrying out the purposes of this Act. 
 
(2) In particular, and without prejudice to the generality of the foregoing power, such rules 
may provide for all or any of the following matters, namely:— 
 
 
 
1Added by Ord. 21 of 1978, s. 4. 
2 For the Passport Rules, 1974, see S.R.O. No. 986 (I)/74, dated the 18th July, 1974, see Gaz. of P., 1974, Ext., (Islamabad) Pt. II, pp. 14091414. 
 
 
 
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(a) the conditions to which a passport issued by or on behalf of the Federal 
Government shall be subject, including conditions as to the ports or places in 
Pakistan at or from which alone a person holding a passport shall depart from 
or enter Pakistan; 
 
(b)  the persons, other than the applicants for the issue of passports, by whom, and 
the  manner  in  which,  applications  for  the  issue  of  passports  may  be 
submitted; 
  1*                    *                      *                      *                      *                       *                     *  
(3) Rules made under sub-section (1) may provide that a contravention thereof shall be 
punishable with imprisonment for a term which may extend to six months, or with fine, or with 
both. 
 
14. Act not to derogate from other laws. The provisions of this Act shall be in addition to, 
and not in derogation of, the provisions of the 2[Emigration Ordinance, 1979 (XVIII of 1979)] the 
Foreign Exchange Regulation Act, 1947 (VII of 1947), the Pakistan (Control of Entry) Act, 1952 
(LV of 1952), and any other law relating to foreign exchange or entry into Pakistan. 
 
 15. [Repeal.] Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 
(XXVII of 1981), s. 3 and Sch, 11 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 Omitted by the Passports (Amdt.) Ordinance 1983 (34 of 1983). s. 2. 
2 Subs, by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II.