{ "schema_version": "qanun-law-text/1", "id": "punjab-code-08e600a16b695fc1", "title": "FOREIGNERS ACT, 1946", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UWdVYQs~BjM-", "version": null, "source_snapshot": "2026-08-06T16:33:56Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "ec7caf41ddaf2b4b0013e9896c8872631d56f22f43739eb3609eb051882d76d2", "source_sha256": "ec7caf41ddaf2b4b0013e9896c8872631d56f22f43739eb3609eb051882d76d2", "text_version_id": "law:punjab-code-08e600a16b695fc1:sha256:ec7caf41ddaf2b4b0013e9896c8872631d56f22f43739eb3609eb051882d76d2", "quality_flags": [], "encoding": "UTF-8", "text": "THE FOREIGNERS ACT, 1946 \r\n(XXXI of 1946) \r\nCONTENTS \r\n1. Short title \r\n2. Definitions \r\n3. Powers to make orders \r\n4. Internees \r\n5. Change of name \r\n6. Obligations of masters of vessels, etc \r\n7. Obligation of hotel-keepers and others to furnish particulars \r\n8. Determination of Nationality \r\n9. Burden of proof \r\n10. Power to except from application of Act \r\n11. Power to give effect to orders, directions etc \r\n12. Power to delegate authority \r\n13. Attempts, etc., to contravene the provisions of this Act etc \r\n13A. Prohibition of assisting illegal entry \r\n13B. Prohibition of employ an illegal entrant \r\n14. Penalties \r\n14A. Restriction release on bail \r\n14B. Deportation pending trial or undergoing sentence of imprisonment \r\n14C. Custody pending deportation \r\n14D. Registration of illegal immigrants \r\n15. Protection to person acting under this Act \r\n16. Application of other laws not barred \r\n17. Repeals \r\nTEXT \r\nTHE FOREIGNERS ACT, 1946 \r\n(XXXI of 1946) \r\n[23rd November, 1946] \r\nAn \r\nAct \r\nto confer upon the Federal Government Certain powers in respect of foreigners. \r\nPreamble.– Whereas it is expedie nt to provide for the exercise by the Federal \r\nGovernment of certain powers in respect of the entry of the Foreigners into Pakistan, \r\ntheir presence and their departure there from. It is hereby as follows:– \r\n1. Short title.– (1) This Act may be called the Foreigners Act, 1946. \r\nExtent, commencement.– (1) It extends to the whole of Pakistan and it sh all \r\ncome into force on the 23rd day of November, 1946. \r\n2. Definitions.– In this Act the following words and expressions are used in the \r\nfollowing senses, unless a contrary intention appears from the context:– \r\n(a) Foreigner' means a person who is not a Citizen of Pakistan.] \r\n(b) Prescribed' means prescribed by orders made under this Act. \r\n(c) Specified' means specified by direction of a prescribed authority. \r\n3. Powers to make orders .– (1) The Federal Government may by orders make \r\nprovision either generally or with respect to all foreigners or with respect to any \r\nparticular foreigner or any prescribed Class or descr iption of foreigner, for \r\nprohibiting, regulating or restricting the entry of foreigners into Pakistan, or their \r\ndeparture there from or their presence or continued therein. \r\n(2) In particular and without prejudice to be generality of the foregoing \r\npower, order made under this section may provide that the foreigner:– \r\n(a) shall not enter \r\n1\r\n[Pakistan] or shall enter 1[Pakistan] only at such times \r\nand by such route and at such port or place and subject to the \r\nobservance of such conditions on arrival as may be prescribed; \r\n(b) shall not depart from Pakistan or shall depart only at such times and by \r\nsuch route and from such port or place and subject to the observance \r\nof such conditions on departure as may be prescribed; \r\n(c) shall not remain in Pakistan, or in any prescribed area therein; \r\n(d) shall remove himself to, and remain in, such area in Pakistan as may \r\nbe prescribed; \r\n(e) shall comply with such conditions as may be prescribed or specified; \r\n \r\n1Subs 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 \r\nProvinces and the Capital of the Federation “ which had been subs, by A.O., 1949, for “British India”. \r\n(i) requiring him to reside in a particular place; \r\n(ii) imposing any restrictions on his movements; \r\n(iii) requiring him to furnish such proof of his identity and to report \r\nsuch particulars to such authority in such manner and at such \r\ntime and place as may be prescribed or specified; \r\n(iv) requiring him to allow his photograph an d finger impressions to \r\nbe taken and to furnish specimens of his handwriting and \r\nsignature to such authority and at such time and place as may \r\nbe prescribed or specified; \r\n(v) requiring him to submit himself to such medical examination by \r\nsuch authority and at such time and place as m ay be prescribed \r\nor specified; \r\n(vi) prohibiting him from association with person of a prescr ibed or \r\nspecified description; \r\n(vii) prohibiting him from engaging in activities of a prescr ibed or \r\nspecified description; \r\n(viii) prohibiting him from using or possessing pre scribed or specified \r\narticles; \r\n(ix) otherwise regulating his conduct in any such particular as may \r\nbe prescribed or specified. \r\n(f) shall enter into a bond with or without sureties for the due observance \r\nof or as an alt ernative to the enforcement of any or all prescribed or \r\nspecified restrictions or conditions; \r\n(g) shall be arrested and, in the interest of the security of Pakistan, \r\ndetained or confined Provided that a person shall not be detained for a \r\nperiod longer than two months without the authority or a Board \r\nconsisting of a Judge of the Supreme Court who shall be nominated by \r\nthe Chief Justice of the Court and another senior officer in the service \r\nof Pakistan, who shall be nominated by the President. \r\n(3) An order ma de under sub -section (2) may make provisions for such \r\nincidental and supplementary matters as .may in the opinion of the Federal \r\nGovernment be expedient or necessary for giving effect to the provisions of this Act. \r\n(4) The provisions of sub -section (2) of Section 6 of the Security of \r\nPakistan Act, 1952 (XXXV of 1952) and those of Section 6 -A of that Act, shall \r\nmutatis mutandis, apply in relation to a person detained under this Act as they apply \r\nin relation to a person detained under that Act. \r\n4. Internees.– (1) Any foreigner (hereinafter referred to as internee) in respect of \r\nwhom there is in force any order made under clause (g) of sub -section (2) of section \r\n3, directing that he be de tained, or confined, shall be detained or confined in such \r\nplace and manner and subject to such conditions as to maintenance, discipline and \r\nthe punishment of offences and breaches of discipline as the Federal Government \r\nmay from time to time determine. \r\n(2) Any foreigner hereinafter referred to as a person on (parole) in respect \r\nof whom there is in force an order under clause (e) of sub -section (2) of section 3 \r\nrequiring him to reside at a place set apart for the residence under supervision of a \r\nnumber of foreigners, shall while residing therein be subject to such conditions as to \r\nmaintenance discipline and the punishment of offence and breaches of discipline as \r\nthe Federal Government may from time to time by order determine. \r\n(3) No person shall:– \r\n(a) knowingly assist an internee or a person on a parole to escape from \r\ncustody or the place set apart for his residence, or knowingly harbour \r\nan escaped internee or person on parole, or \r\n(b) give an escaped internee or a person on parole any assistance with \r\nintent thereby to prevent, hinder on interfere with apprehension of the \r\ninternee or the person on parole. \r\n(4) Federal Government may by order provide for regulating access to, \r\nand the conduct of person in place in Pakistan where internees or persons on parole \r\nare detained or restricted as the case may be and for prohibiting or regulating to \r\ndispatch an conveyance from outside such places to or internees or persons on \r\nparole therein of such articles as may be prescribed. \r\n5. Change of name .– No foreigner who was in Pakistan on the date on which \r\nthis Act came into force shall, while in Pakistan after that date, assume or use or \r\npurport to assume or use for any purpose any name other than that by which he was \r\nordinarily known immediately before the said date. \r\n(2) Where, after the date on which this Act came into force, any foreigner \r\ncarries on or purports to carry on (whether along or in association with any other \r\nperson) any trade or business under any name or style, other than that by which that \r\ntrade or business was being carried on immediately before the said date, he shall, \r\nfor the purposes of sub -section (1), be deemed to be using a name other than that \r\nby which he was ordinarily known immediately before the said date. \r\n(3) In relation to any foreigner who, not having been in Pakistan on the \r\ndate on which this Act came into force, thereafter enters Pakistan, sub -sections (1) \r\nand (2) shall have effect as if for any reference in those sub -sections to the date \r\nwhich this Act came into force there -were substituted a reference to the date on \r\nwhich the first enters Pakistan thereafter. \r\n(4) For the purposes of this section:– \r\n(a) the expression 'name' includes a surname, and \r\n(b) a name shall be deemed t o be changed if t he spelling thereof is \r\naltered. \r\n(5) Nothing in this section shall apply to the assumption or use:– \r\n(a) of any name in pursuance of a \r\n2\r\n[* * * *] by the Adapt ation (Security \r\nLaws) Order, 1956, Sec. 4 (4) permission grante d by the Federal \r\nGovernment; or \r\n(b) by any married woman, of her husband's name. \r\n \r\n2The Orginal words “Royal Licnce or” (P.O .no. 8 of 1956), Art 2 and Sch (w.e.f the 23rd March, 1956), \r\n6. Obligations of masters of vessels, etc .– (1) The masters of any vessel \r\nlanding or embarking at a port in Pakistan, pa ssengers coming to or going from that \r\nport by sea and the pilot of any aircraft landing or embarking at any place in \r\nPakistan, passengers coming to or going from that place by air, shall furnish to such \r\nperson and in such manner as may be prescribed a retu rn giving the prescribed \r\nparticulars with respect to any passengers or members o f the crew, who are \r\nforeigners. \r\n(2) Any \r\n3\r\n[District Coordination Officer or a ny officer authorized by Federal \r\nGovernment] \r\n4\r\n[* * * * *] and any Superintendent of Police may, for any purpose \r\nconnected with the enforcement of this Act or any Order made thereunder, require \r\nthe master of any such vessel or the pilot of any such aircraft to furnish such \r\ninformation as may be prescribed in respect of passengers or members of the crew \r\non such vessel or aircraft, as the case may be. \r\n(3) Any passenger on such vessel or such aircraft and any member of the \r\ncrew of such vessel or aircraft shall furnish to the master of vessel or the pilot of the \r\naircraft, as the case may be, any information re quired by him for the purpose of \r\nfurnishing the returned referred to in sub -section (1) or for furnishing the inf ormation \r\nunder sub-section (2). \r\n(4) For the purpose of this section:– \r\n(a) master of a vessel' and 'pilot of any aircraft' shall include any per son \r\nauthorised by such master or pilot as the case may be, to discharge on \r\nhis behalf any of the duties imposed on him by this section; \r\n(b) 'passenger' means any person not being a bona fide member of the \r\ncrew, travelling or seeking to travel on a vessel or aircraft. \r\n7. Obligation of hotel-keepers and others to furnish particulars .– It shall be \r\nthe duty of the keeper of any premises whether furnished or unfurnished where \r\nlodging or sleeping accommodation is provided for reward, to submit to such person \r\nand in such manner such information in respect of foreigners accommodated in such \r\npremises, as may be prescribed. \r\nExplanation.–The information referred to in this subsection may relate t o all or any \r\nof the foreigners accommodated at such premises and may be required to be \r\nsubmitted periodically or at any specific time or occasion. \r\n(2) Every person accommodated in any such premises shall furnish to the \r\nkeeper thereof a statement containing such particulars as may be required by the \r\nkeepers for the purposes of furnishing the information referred to in sub-section (1). \r\n(3) The keeper of every such premises shall maintain a record of the \r\ninformation furnished by him under sub -section (1) and o f the information obtained \r\nby him under sub -section (2) and such record shall be maintained in such manner \r\nand preserved for such period as may be prescribed and shall at all times be \r\nopened to inspection by any police-officer or by a person authorised in this behalf by \r\nthe \r\n5\r\n[District Coordination Officer] District Magistrate. \r\n \r\n3Sub. By amendment Ord. no XLIV of 2002, dated 22-08-2002. \r\n4Words omitted by A.O 1949. \r\n5Sub. By Amendment Ord. No. XLIV of 2002, dated 22-08-2002. \r\n8. Determination of Nationality .– (l) When a foreigner is recognised as a \r\nnational by the law of more than on e foreign country or where for any reason it is \r\nuncertain what nationality, if any, is to be ascribed to a foreigner, that foreigner, may \r\nbe treated as the national of the country with which he appears to the prescribed \r\nauthority to be most closely connected for the time being in interest or sympathy or if \r\nhe of uncertain nationality, of the country with which he was last so connected. \r\nProvided that where a foreigner acquired a nationality by birth, he shall except \r\nwhere the Federal Government so directs ei ther generally or in a particular case, be \r\ndeemed to retain that nationality unless he proves to the satisfaction of the said \r\nauthority that he has subsequently acquired by naturalization or otherwise some \r\nother nationality and still recognised as entitled to protection by the Government of \r\nthe country whose nationality he has so acquired. \r\n(2) A decision as to nationality given under sub -section (1) shall be final \r\nand shall not be called in question in any Court:Provided that the Federal \r\nGovernment either of its own motion or on an application by the foreigner concerned, \r\nmay revise any such decision. \r\n9. Burden of proof .– lf in any case not falling under Section 8 any question \r\narises with reference to this Act or any order made or direction given there under, \r\nwhether any person is or is not a foreigner of a particular class or description the \r\nonus of proving that such person is not a foreigner or is not a foreigner of such \r\nparticular class or description, as the case may be, shall, notwithstanding anything \r\ncontained in the Evidence Act, 1872, lie upon such person. \r\n10. Power to except from application of Act.– The Federal Government may by \r\norder declare that any or all of the provisions of this Act or the orders made there \r\nunder shall not apply, or shall apply only with such modifications or subject to such \r\nconditions as may be specified, in or in relation to any indi vidual foreigner or any \r\nclass or description of foreigner. \r\n11. Power to give effect to orders, directions etc .– (1) Any authority was \r\npowered by or under or in pursuance of the provi sions of this Act to give any \r\ndirection or to exercise any other power, may in addition to any other action \r\nexpressly provided for in this Act, take or cause to be taken such steps and use, or \r\ncaused to be used, such force as may, in its opinion, be reason ably necessary for \r\nsecuring compliance with such direction or for preventing or rectifying any breach \r\nthereof, or for the effective exercise of such power, as the case may be. \r\n(2) Any police officer may take such steps and use force as may, in' his' \r\nopinion, be reasonably necessary for securing compliance with any order made or \r\ndirection given under or in pursuance of the provisions of this Act or for preventing or \r\nrectifying any breach of-such order or direction. \r\n(3) The power conferred by this section sha ll be deemed to confer upon \r\nany person acting in exercise thereof a right of access to any land or other property \r\nwhatsoever. \r\n12. Power to delegate authority.– Any authority upon whi ch any power to make \r\nor give any direction, consent or permission or to do any other Act is conferred by \r\nthis Act or by any order made there under may, unless express provision is made to \r\nthe contrary, in writing authorise, conditionally or otherwise, any authority \r\nsubordinate to it to exercise such power on its behalf, and thereupon the said \r\nsubordinate authority shall, subject to such conditions as may be contained in the \r\nauthorization, be deemed to be the authority upon which such power is conferred by \r\nor under the Act. \r\n13. Attempts, etc., to contravene the provisions of this Act etc .– (1) Any \r\nperson who attempts to contravene, or abets or attempts to abet, or does any act \r\npreparatory to, a contravention of the provision of this Act or of any order made or \r\ndirection given there under, or fails to comply with any direction given in pursuance \r\nof any such order, shall be deemed to have contravened the provisions of this Act. \r\n [(2) Any p erson who, the knowing or having reasonable cause to believe \r\nthat any other person has contravened the provisions of this Act or of any order \r\nmade or direction given thereunder, give that other person any assistance with intent \r\nthereby to prevent, hinder o r otherwise interfere with his arrest, trial -or punishment \r\nfor the said contravention shall be deemed to have abetted that contravention. \r\n(3) The master of any vessel or the pilot of any aircraft, as the case may \r\nbe by means of which any foreigner enters o r leaves Pakistan in contravention of \r\nany order made under or direction given in pursuance of, section 3 shall unless he \r\nproves that he exercised all due diligence to prevent that said contravention, be \r\ndeemed to have contravened this Act. \r\n6\r\n[13A. Prohibition of assisting illegal entry .– No one shall make or carry out \r\narrangements for security or facilitating the entry into to Pakistan or any one whom \r\nhe knows or has reasonable cause for believing to be an illegal entrant. \r\n13B. Prohibition of employ an illegal entrant .– No one shall knowingly employ \r\nor provide employment to a person who has no permission to stay in Pakistan]. \r\n7\r\n[14. Penalties.– lf any person contravenes the provisions of this Act or of any \r\norder made there under, or any direction given in pursuance' of this Act or such \r\norder, he shall be punished with imprisonment for a term which may extend to five \r\nyears and shall also be liable to fine, and if such person has entered into a bond in \r\npursuance of clause (f) of sub -section (2) of section 3, his bond shall be forfeited, \r\nand any person bound thereby shall pay the penalty thereof or, show cause to the \r\nsatisfaction of the convicting court why such penalty should not be paid. \r\n8\r\n[14A. Restriction release on bail .– Notwithstanding anything contained in the \r\nCode of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the \r\nCode, any accused of an offence punishable under sub -section (2) of Section 14 \r\nshall not be released on bail there appear reasonable grounds for believing that ha \r\nhas been guilty of such an offence. \r\n14B. Deportation pending trial or undergoing sentence of imprisonment .– \r\nNotwithstanding anything contained in this Act, the Code or any other law for the \r\ntime being in force, a foreigner having no permission to stab in Pakistan or for whose \r\ndeportation arrangements have been required in connection with any other case. \r\n \r\n6Inserted by Ord. XXV of 2000, dated 10-07-2000. \r\n7Sub. By Ord. XXV of 2000, dated 10-07-2000. \r\n8Sections 14A and 14B added by Ordinance XXV of 2000, dated 10.07.2000. \r\n(i) with the consent of the Federal Government, be permitted by the Court \r\ntrying him for any offence under this Act to depart from Pakistan; or \r\n(ii) under the order of the Federal Government , be permitted to depart \r\nfrom Pakistan while hw is undergoing any sentence passed under this \r\nAct. \r\n14C. Custody pending deportation.– A foreigner having no permission to stay in \r\nPakistan, who has been convicted sentenced to imprisonment under this Act shall \r\nnot be released on the expiry of the sentence and shall continue to remain in custody \r\nfor a period not exceeding three months to enable arrangements for his deportation \r\nto be finalized. \r\n9\r\n[14D. Registration of illegal immigrants .– (1) The Federal Government may, by \r\norder, establish an Authority to be known as the Aliens Registration Authority, \r\nhereinafter referred to as the Authority. \r\n (2) Any foreigner in Pakistan who immediately before the commencement \r\nof the Foreigners (Amendment) Ordinance, 2000, has no permission to stay in \r\nPakistan shall get himself registered with the Authority. \r\n (3) The Authority may permit a foreigner registered with it to work in \r\nPakistan at such place and for such period as the Federal Government may, from \r\ntime to time prescribe. \r\n (4) The Federal Government may, by order, confer on the authority such \r\nother functions in relation to foreigners as it may deem appropriate.] pp \r\n15. Protection to person acting under this Act .– No suit, prosecution or other \r\nlegal proceeding shall lie against any person for anything which is in good faith done \r\nor intended to be done under this Act. \r\n16. Application of other laws not barred .– The provisions of this Act shall be in \r\naddition to, and not in derogation of, the provisions of the Registration of Foreigners \r\nAct, 1939 (XVI of 1939), the Passport Act, 1920 (XXXIV of 1920), and of any other \r\nenactment for the time being in force. \r\n17. Repeals.– The Foreigners Act, (1864), (111 of 1864) the Foreigners Act, \r\n1940, (II of 1940) and the Foreigners Act (Amendment) Ordinance, 1946, (Ord. XXI \r\nof 1946), are hereby repealed. \r\n \r\n9Section 14D added by Ordinance XXV of 2000, dated 10.07.2000.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-08e600a16b695fc1:sha256:ec7caf41ddaf2b4b0013e9896c8872631d56f22f43739eb3609eb051882d76d2:chars-0-1757:abed3dd522aece8a55ec54497e690c42cb7beab8a47e086767c1aee2c21815d6", "character_start": 0, "character_end": 1757, "utf8_byte_start": 0, "utf8_byte_end": 1769, "passage_sha256": "abed3dd522aece8a55ec54497e690c42cb7beab8a47e086767c1aee2c21815d6", "reader_fragment": "p-0-1757-abed3dd522aece8a" }, { "passage_id": "law:punjab-code-08e600a16b695fc1:sha256:ec7caf41ddaf2b4b0013e9896c8872631d56f22f43739eb3609eb051882d76d2:chars-1757-3490:f175fef51f937e4139d69a7d069b77ef2b17e2e59efe842030cc79ac07b7dcb4", "character_start": 1757, "character_end": 3490, "utf8_byte_start": 1769, "utf8_byte_end": 3512, "passage_sha256": 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