FOREIGNERS ACT, 1946

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THE FOREIGNERS ACT, 1946 
(XXXI of 1946) 
CONTENTS 
1. Short title 
2. Definitions 
3. Powers to make orders 
4. Internees 
5. Change of name 
6. Obligations of masters of vessels, etc 
7. Obligation of hotel-keepers and others to furnish particulars 
8. Determination of Nationality 
9. Burden of proof 
10. Power to except from application of Act 
11. Power to give effect to orders, directions etc 
12. Power to delegate authority 
13. Attempts, etc., to contravene the provisions of this Act etc 
13A. Prohibition of assisting illegal entry 
13B. Prohibition of employ an illegal entrant 
14. Penalties 
14A. Restriction release on bail 
14B. Deportation pending trial or undergoing sentence of imprisonment 
14C. Custody pending deportation 
14D. Registration of illegal immigrants 
15. Protection to person acting under this Act 
16. Application of other laws not barred 
17. Repeals 
TEXT 
THE FOREIGNERS ACT, 1946 
(XXXI of 1946) 
[23rd November, 1946] 
An 
Act 
to confer upon the Federal Government Certain powers in respect of foreigners. 
Preamble.– Whereas it is expedie nt to provide for the exercise by the Federal 
Government of certain powers in respect of the entry of the Foreigners into Pakistan, 
their presence and their departure there from. It is hereby as follows:– 
1. Short title.– (1) This Act may be called the Foreigners Act, 1946. 
Extent, commencement.– (1) It extends to the whole of Pakistan and it sh all 
come into force on the 23rd day of November, 1946. 
2. Definitions.– In this Act the following words and expressions are used in the 
following senses, unless a contrary intention appears from the context:– 
(a) Foreigner' means a person who is not a Citizen of Pakistan.] 
(b) Prescribed' means prescribed by orders made under this Act. 
(c) Specified' means specified by direction of a prescribed authority.  
3. Powers to make orders .– (1) The Federal Government may by orders make 
provision either generally or with respect to all foreigners or with respect to any 
particular foreigner or any prescribed Class or descr iption of foreigner, for 
prohibiting, regulating or restricting the entry of foreigners into Pakistan, or their 
departure there from or their presence or continued therein. 
(2) In particular and without prejudice to be generality of the foregoing 
power, order made under this section may provide that the foreigner:– 
(a) shall not enter 
1
[Pakistan] or shall enter 1[Pakistan] 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 Pakistan 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 may be prescribed; 
(c) shall not remain in Pakistan, or in any prescribed area therein; 
(d) shall remove himself to, and remain in, such area in Pakistan as may 
be prescribed; 
(e) shall comply with such conditions as may be prescribed or specified; 
                                                 
1Subs by the Adaption (Security Laws) order, 1956 (P.O. No. 8 of 1956), Art. 2 and Sch. with effect from the 23rd 1956), for the 
Provinces and the Capital of the Federation “ which had been subs, by A.O., 1949, for “British India”.  
(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 an d 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 m ay be prescribed 
or specified; 
(vi) prohibiting him from association with person of a prescr ibed or 
specified description; 
(vii) prohibiting him from engaging in activities of a prescr ibed or 
specified description; 
(viii) prohibiting him from using or possessing pre scribed 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 alt ernative 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 Pakistan, 
detained or confined Provided that a person shall not be detained for a 
period longer than  two months without the authority or a Board 
consisting of a Judge of the Supreme Court who shall be nominated by 
the Chief Justice of the Court and another senior officer in the service 
of Pakistan, who shall be nominated by the President. 
(3) An order ma de under sub -section (2) may make provisions for such 
incidental and supplementary matters as .may in the opinion of the Federal 
Government be expedient or necessary for giving effect to the provisions of this Act. 
(4) The provisions of sub -section (2) of Section 6 of the Security of 
Pakistan Act, 1952 (XXXV of 1952) and those of Section 6 -A of that Act, shall 
mutatis mutandis, apply in relation to a person detained under this Act as they apply 
in relation to a person detained under that Act. 
4. Internees.– (1) Any foreigner (hereinafter referred to as internee) in respect of 
whom there is in force any order made under clause (g) of sub -section (2) of section 
3, directing that he be de tained, or confined, shall be detained or confined in such 
place and manner and subject to such conditions as to maintenance, discipline and 
the punishment of offences and breaches of discipline as the Federal Government 
may from time to time determine. 
(2) Any foreigner hereinafter referred to as a person on (parole) in respect 
of whom there is in force an order under clause (e) of sub -section (2) of section 3 
requiring him to reside at a place set apart for the residence under supervision of a 
number of foreigners, shall while residing therein be subject to such conditions as to 
maintenance discipline and the punishment of offence and breaches of discipline as 
the Federal Government may from time to time by order determine. 
(3) No person shall:– 
(a) knowingly assist an internee or a person on a parole to escape from 
custody or the place set apart for his residence, or knowingly harbour 
an escaped internee or person on parole, or 
(b) give an escaped internee or a person on parole any assistance with 
intent thereby to prevent, hinder on interfere with apprehension of the 
internee or the person on parole. 
(4) Federal Government may by order provide for regulating access to, 
and the conduct of person in place in Pakistan where internees or persons on parole 
are detained or restricted as the case may be and for prohibiting or regulating to 
dispatch an conveyance from outside such places to or internees or persons on 
parole therein of such articles as may be prescribed. 
5. Change of name .– No foreigner who was in Pakistan on the date on which 
this Act came into force shall, while in Pakistan after that date, assume or use or 
purport to assume or use for any purpose any name other than that by which he was 
ordinarily known immediately before the said date. 
(2) Where, after the date on which this Act came into force, any foreigner 
carries on or purports to carry on (whether along or in association with any other 
person) any trade or business under any name or style, other than that by which that 
trade or business was being carried on immediately before the said date, he shall, 
for the purposes of sub -section (1), be deemed to be using a name other than that 
by which he was ordinarily known immediately before the said date. 
(3) In relation to any foreigner who, not having been in Pakistan on the 
date on which this Act came into force, thereafter enters Pakistan, sub -sections (1) 
and (2) shall have effect as if for any reference in those sub -sections to the date 
which this Act came into force there -were substituted a reference to the date on 
which the first enters Pakistan thereafter. 
(4) For the purposes of this section:– 
(a) the expression 'name' includes a surname, and 
(b) a name shall be deemed t o be changed if t he spelling thereof is 
altered. 
(5) Nothing in this section shall apply to the assumption or use:– 
(a) of any name in pursuance of a 
2
[* * * *] by the Adapt ation (Security 
Laws) Order, 1956, Sec. 4 (4) permission grante d by the Federal 
Government; or 
(b) by any married woman, of her husband's name.  
                                                 
2The Orginal words “Royal Licnce or” (P.O .no. 8 of 1956), Art 2 and  Sch (w.e.f the 23rd March, 1956), 
6. Obligations of masters of vessels, etc .– (1) The masters of any vessel 
landing or embarking at a port in Pakistan, pa ssengers coming to or going from that 
port by sea and the pilot of any aircraft landing or embarking at any place in 
Pakistan, passengers coming to or going from that place by air, shall furnish to such 
person and in such manner as may be prescribed a retu rn giving the prescribed 
particulars with respect to any passengers or members o f the crew, who are 
foreigners. 
(2) Any 
3
[District Coordination Officer or a ny officer authorized by Federal 
Government] 
4
[* * * * *]  and any Superintendent of Police may, for any purpose 
connected with the enforcement of this Act or any Order made thereunder, require 
the master of any such vessel or the pilot of any such aircraft to furnish such 
information as may be prescribed in respect of passengers or members of the crew 
on such vessel or aircraft, as the case may be. 
(3) Any passenger on such vessel or such aircraft and any member of the 
crew of such vessel or aircraft shall furnish to the master of vessel or the pilot of the 
aircraft, as the case may be, any information re quired by him for the purpose of 
furnishing the returned referred to in sub -section (1) or for furnishing the inf ormation 
under sub-section (2). 
(4) For the purpose of this section:– 
(a) master of a vessel' and 'pilot of any aircraft' shall include any per son 
authorised by such master or pilot as the case may be, to discharge on 
his behalf any of the duties imposed on him by this section; 
(b) 'passenger' means any person not being a bona fide member of the 
crew, travelling or seeking to travel on a vessel or aircraft. 
7. Obligation of hotel-keepers and others to furnish particulars .– It shall be 
the duty of the keeper of any premises whether furnished or unfurnished where 
lodging or sleeping accommodation is provided for reward, to submit to such person 
and in such manner such information in respect of foreigners accommodated in such 
premises, as may be prescribed. 
Explanation.–The information referred to in this subsection may relate t o all or any 
of the foreigners accommodated at such premises and may be required to be 
submitted periodically or at any specific time or occasion. 
(2) Every person accommodated in any such premises shall furnish to the 
keeper thereof a statement containing  such particulars as may be required by the 
keepers for the purposes of furnishing the information referred to in sub-section (1). 
(3) The keeper of every such premises shall maintain a record of the 
information furnished by him under sub -section (1) and o f the information obtained 
by him under sub -section (2) and such record shall be maintained in such manner 
and preserved for such period as may be prescribed and shall at all times be 
opened to inspection by any police-officer or by a person authorised in this behalf by 
the 
5
[District Coordination Officer] District Magistrate. 
                                                 
3Sub. By amendment Ord. no XLIV of 2002, dated 22-08-2002.  
4Words omitted by A.O 1949. 
5Sub. By Amendment Ord. No. XLIV of 2002, dated 22-08-2002. 
8. Determination of Nationality .– (l) When a foreigner is recognised as a 
national by the law of more than on e foreign country or where for any reason it is 
uncertain what nationality, if any, is to be ascribed to a foreigner, that foreigner, may 
be treated as the national of the country with which he appears to the prescribed 
authority to be most closely connected for the time being in interest or sympathy or if 
he of uncertain nationality, of the country with which he was last so connected. 
Provided that where a foreigner acquired a nationality by birth, he shall except 
where the Federal Government so directs ei ther generally or in a particular case, be 
deemed to retain that nationality unless he proves to the satisfaction of the said 
authority that he has subsequently acquired by naturalization or otherwise some 
other nationality and still recognised as entitled  to protection by the Government of 
the country whose nationality he has so acquired. 
(2) A decision as to nationality given under sub -section (1) shall be final 
and shall not be called in question in any Court:Provided that the Federal 
Government either of its own motion or on an application by the foreigner concerned, 
may revise any such decision. 
9. Burden of proof .– lf in any case not falling under Section 8 any question 
arises with reference to this Act or any order made or direction given there  under, 
whether any person is or is not a foreigner of a particular class or description the 
onus of proving that such person is not a foreigner or is not a foreigner of such 
particular class or description, as the case may be, shall, notwithstanding anything 
contained in the Evidence Act, 1872, lie upon such person. 
10. Power to except from application of Act.– The Federal Government may by 
order declare that any or all of the provisions of this Act or the orders made there  
under shall not apply, or shall apply only with such modifications or subject to such 
conditions as may be specified, in or in relation to any indi vidual foreigner or any 
class or description of foreigner. 
11. Power to give effect to orders, directions etc .– (1) Any authority was 
powered by or under or in pursuance of the provi sions 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 reason ably 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 sha ll be deemed to confer upon 
any person acting in exercise thereof a right of access to any land or other property 
whatsoever. 
12. Power to delegate authority.– Any authority upon whi ch 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 order made there  under may, unless express provision is made to 
the contrary, in writing authorise, conditionally or otherwise, any 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 
authorization, 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 .– (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 of any order made or 
direction given there  under, or fails to comply with any direction given in pursuance 
of any such order, shall be deemed to have contravened the provisions of this Act. 
 [(2) Any p erson who, the knowing or having reasonable cause to believe 
that any other person has contravened the provisions of this Act or of any order 
made or direction given thereunder, give that other person any assistance with intent 
thereby to prevent, hinder o r 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 o r 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 diligence to prevent that said contravention, be 
deemed to have contravened this Act. 
6
[13A. Prohibition of assisting illegal entry .– No one shall make or carry out 
arrangements for security or facilitating the entry into to Pakistan or any one whom 
he knows or has reasonable cause for believing to be an illegal entrant.   
13B. Prohibition of employ an illegal entrant .–  No one shall knowingly employ 
or provide employment to a person who has no permission to stay in Pakistan]. 
7
[14. Penalties.– lf any person contravenes the provisions  of this Act or of any 
order made there  under, 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. 
8
[14A. Restriction release on bail .– Notwithstanding  anything contained in the 
Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the 
Code, any accused of  an offence punishable under sub -section (2) of Section 14 
shall not be released on bail there appear reasonable grounds for believing that ha 
has been guilty of such an offence.  
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 stab in Pakistan or for whose 
deportation arrangements have been required in connection with any other case.  
                                                 
6Inserted by Ord. XXV of 2000, dated 10-07-2000. 
7Sub. By Ord. XXV of 2000, dated 10-07-2000. 
8Sections 14A and 14B added by Ordinance XXV of 2000, dated 10.07.2000. 
(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 hw is undergoing any sentence passed under this 
Act.  
14C. Custody pending deportation.– A foreigner having no permission to stay in 
Pakistan, who has been convicted 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. 
9
[14D. Registration of illegal immigrants .– (1) The Federal Government may, by 
order, establish an Authority to be known 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 as it may deem appropriate.] pp 
15. Protection to person 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. 
16. Application of other laws not barred .– The provisions of this Act shall be in 
addition to, and not in derogation of, the provisions of the Registration of  Foreigners 
Act, 1939 (XVI of 1939), the Passport Act, 1920 (XXXIV of 1920), and of any other 
enactment for the time being in force. 
17. Repeals.– The Foreigners Act, (1864), (111 of  1864) the Foreigners Act, 
1940, (II of 1940) and the Foreigners Act (Amendment) Ordinance, 1946, (Ord. XXI 
of 1946), are hereby repealed. 
                                                 
9Section 14D added by Ordinance XXV of 2000, dated 10.07.2000.