REGISTRATION OF FOREIGNERS ACT, 1939

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THE REGISTRATION OF FOREIGNERS ACT, 1939 
(XVI of 1939) 
CONTENTS 
1. Short title and extent 
2. Definitions 
3. Power to make rules 
4. Burden of proof 
5. Penalties 
6. Power to exempt from application of Act 
7. Protection to persons acting under this Act 
8. Application of other laws not barred 
9. Application of Act to Acceding to states 
TEXT 
THE REGISTRATION OF FOREIGNERS ACT, 1939 
(XVI of 1939) 
[8th April, 1939]  
An 
Act 
to provide for the Registration of Foreigners in 
1
[Pakistan]. 
Whereas it is expedient to provide for the registration of foreigners entering, 
being present in, and departing from, 
2
[Pakistan]. 
It is hereby enacted as follows:– 
1.  Short title and extent .– (1) This Act may be called the Registration  of 
Foreigners Act, 1939. 
(2) It extends to 
3
[the whole of Pakistan].  
2. Definitions.– ln this Act– 
(a) “foreigners” means a person who is not a Citizen of Pakistan. 
(b) “prescribed” means prescribed & by rules made under this Act. 
3.  Power to make rules .– The Federal  Government may, after previous 
publication, by notification in the official Gazette, make rules with respect the 
foreigners for any or all of the following purposes, that is to say– 
(a) for requiring any foreigner entering, or being present in , 
4
[Pakistan] to 
report his presence to a prescribed authority within such time and in 
such manner and with such particulars as may be prescribed; 
(b) for requiring any foreigner moving fr om one place to another place in 
5
[Pakistan] to report, on arrival at such other place, his presence to a 
prescribed authority within such time and in such manner and with 
such particulars as may be prescribed ; 
(c) for requiring any foreigner who is about to leave 
6
[Pakistan] to reopen 
the date of his intended departure and such other particulars as may 
be prescribed to such authority and within such period before departure 
as may be prescribed ; 
                                                 
1Substituted by the Registration of Foreigners (Amendment) Act, 1949 (VIII of 1950), s.2, for “the Provinces and the Capital of 
the Federation” which was substituted, for “British India” by the Adaptation Order., 1949. 
2ibid 
3The original words “the whole of British India” have been amended by the A.O.,1949 and Act 8 of 1950, s.3, to read as above. 
4Substituted by the Registration of Foreigners (Amendment) Act, 1949 (VIII of 1950), s.2, for “the Provinces and the Capital of 
the Federation” which was substituted, for “British India” by the A.O., 1949. 
5Ibid 
6Ibid 
(d) for requiring any foreigner entering, being present in, or departing from, 
7
[Pakistan] to produce, on demand by a prescribed authority, such 
proof of his identity as may be prescribed ; 
(e) for requiring any person having  the management of any hotel, 
boarding-house, sarai or any other premises of like nature to report the 
name of any foreign er residing therein for whether duration, to a 
prescribed authority within such time and in such manner and with 
such particulars as may be prescribed; 
(f) For requiring any person having the management or control of any 
vessel or aircraft t o furnish to a prescribed authority such information 
as may be prescribed regarding any foreigner entering, or intending to 
depart from, 
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[Pakistan] in such vessel or aircraft, and to furnish to such 
authority such assistance as may be necessary or prescri bed for giving 
effect to this Act; 
(g) for providing for such other incidental or supplementary matter s as 
.may appear to the Federal  Government necessary or expedien t for 
giving effect to this Act. 
4. Burden of proof.– lf any question arises with reference to this Act or any rule 
made thereunder, whether any person is or is not a foreigner , or is not a foreigner of 
a particular class or description, the onus of proving that such person i s not a 
foreigner or is not a foreigner of particular class or description, as the case may be, 
shall, notwithstanding anything contained in the Evidence Act , (I of 1872), lie upon 
such person. 
5. Penalties.– Any person who contravenes, or attempts to cont ravene, or falls 
fails to comply with, any provision of any rule made under this Act shall be punished, 
if a foreigner, with imprisonment for a term which may extend to one year or with fine 
which may extend to one thousand rupees or with both, or if not  a foreigner, with fine 
which may extend to five hundred rupees. 
6.  Power to exempt from application of Act .– The Federal Government may, 
by order, declare that any or all of the prov isions of the rules made under this Act 
shall not apply, or shall apply only with such modifications or subject to such 
conditions as may be specified in the said order, to or in relation to any individual 
foreigner or any class or description of foreigner: 
Provided that a copy of every such order shall be placed on the table of 
9
[* * *] 
the Federal Legislature as soon as may be after its promulgation. 
7. Protection to 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 fact Act. 
                                                 
7Ibid 
8Ibid 
9The words “both houses of” omitted by the Adaptation of Central Acts and Ordinances Order 1949, w.e.f. 25.3.1949, entry 
No.231 of the Schedule. 
8. 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 Foreigners Act, 
10
[1946], 
and any other law for the time being in force. 
9. Application of Act to Acceding to states .– [Omitted by the Federal Law 
(Revision & Declaration) Ordinance XXVII of 1981]. 
                                                 
10