Passports Act, 1974 — section 8

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 writing 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.] 1 Ins. 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.

(3)If the Federal Government has reason to believe that the person 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.