Foreigners Act, 1946 — section 13

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 provisions of this Act or of any order made or direction given thereunder, 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. 1Subs. by the Preventive Detention Laws (Amendment) Act, 1975 (44 of 1975), s. 3, for “Central Government”. 2For instance of notification issued under this section, see Gaz. of P., 1954, Pt. I, p. 264; ibid., 1960, Pt. I, p. 534; and ibid., 1960, Ext., p. 1585a. 3For the Enemy Foreigners Order, 1965, see Gaz. of P., 1965, Ext., PP. 1019-1023. 4For the Foreigners (Parolees) Order, 1965, see Gaz. of P., 1965, Ext. pp. 1027-1029. For instance of notifications issued under this section, see Gaz. of P. 1965, Ext., p. 1029.

(2)Any person 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, 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 1[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. 2[13A. Prohibition of assisting illegal entry. No one shall make or carry out arrangements for security or facilitating the entry into to Pakistan of any one whom he knows, or has reasonable cause for believing to be 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.] 2[14. Penalties.—(1) 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 be liable to be forfeited, and any person bound thereby shall be liable to 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.] 2[14A. Restriction on release on bail. Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), hereinafter referred to as the Code, any person 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 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 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. 1 Subs. by the Adaption (Security Laws) Order, 1956 (P. O. No. 8, of 1956), Art. 2 and Sch. (with effect from 23 rd March, 1956), for “the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, for “British India”. 2 Ins. and Subs by Ord. XXV of 2000, ss. 2-4 . 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. 1[14D. Registration of illegal immigrants.___(1) Any foreigner who, before commencement of this Act, has no permission to stay in Pakistan shall for registration be required to make application on the format and in the manner as may be prescribed and shall be registered on that application by the National Database and Registration Authority established under the National Database and Registration Authority Ordinance, 2000 (VIII of 2000).

(2)The Federal Government may permit a foreigner, registered under sub-section (1), to work in Pakistan at such place, for such period and on payment of such fee as may be prescribed.] 15. 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 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 2 [Passport Act, 1974 (XX of 1974)], and of any other enactment for the time being in force. 1[17. Repeals.___(1) The Alien Registration Authority (Composition and Functions) Order, 2001 is hereby repealed.

(2)On repeal under sub-section (1), all assets and liabilities of the Alien registration Authority shall stand transferred to the National Database and Registration Authority and shall be regulated under the National Database and Registration Authority Ordinance, 2000 (VIII of 2000).] 1Subs. and added by Act No. XX of 2016, s. 2 and 3. 2Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “Passport Act, 1920”.