Exit from Pakistan (Control) Rules, 2010

EXIT FROM PAKISTAN (CONTROL) RULES, 2010

[Gazette of Pakistan, Extraordinary, Part II,

2nd July, 2010]

S.R.O.74(KE)2010, dated 9-4-2010.—In exercise of the powers conferred by section 5 of the Exit from Pakistan (Control) Ordinance, 1981) (XLVI of 1981), the Federal Government is pleased to make the following rules, namely:–

Short tile and commencement.-–(1) These rules may be called the Exit from Pakistan (Control) Rules, 2010.

(2) They shall come into force at once.

Grounds to prohibit persons from proceeding from Pakistan to a destination outside Pakistan.–-(1) The Federation Government may, oy an order in writing under subsection (1) of section 2 of the Exit from Pakistan (Control) Ordinance, 1981 (XLVI of 1981), prohibit any person from proceeding from Pakistan to a destination outside Pakistan notwithstanding the fact that any person is in possession of valid travel documents if he is involved in:

(a) corruption and misuse of power or authority causing loss to the government’s funds or property;

(b) economic crimes where large governments funds have been embezzled or institutional frauds committed;

(d) case of key directors of a firm, in default of tax or liabilities of not less than ten million rupees;

(e) case of two or more key or main directors of a firm, in default of loan or liabilities exceeding one hundred million rupees;

(f) any case and his name forwarded by the Registrar of a High Court, Supreme Court of Pakistan or Banking Court only; or’

(g) drug trafficking.

(2) Nothing in sub-rule (1) shall apply to—

(a) persons involved in private disputes where government interest is not at stake, except cases of fraud against foreign banks and reputable companies with significant foreign investments;

(b) person involved in crime like murder and dacoity, etc., unless special grounds are furnished by the relevant home departments;

(d) women or children undergoing education who are appearing as directors merely due to their family relationship with major shareholders; or

(3) Name of any person placed on the exit control list maintained by the Federal Government in pursuance of an order made under subsection (1) of section 2 of the said Ordinance and who:

(a) has proceeded from Pakistan, shall remain on such list, so long as the said order is in force, for taking legal action against him on return to Pakistan.

(b) is in judicial custody likely to be released on bail by a competent court of law, shall remain on such list so long as the said order is in force; and

(c) has been convicted by a competent court of law for any offence shall remain on such list so long as the said order is in force and till his conviction attains finality.

Service of order.–An order made under subsection (1) of section 2 of the said Ordinance shall be served on the person concerned either through the local authorities or the staff of the immigration check post or by registered post and a copy thereof shall be forwarded to the Provincial Government, the Federal Investigation Agency and the Directorate of Immigration and Passports for immediate compliance:

Provided that an omission, for any reason, to serve the order on any person in the matter aforesaid shall not be deemed to affect the powers of the authorities at an immigration check-post to prevent departure of the said person from Pakistan on the authority of the copy in their possession.

Repeal.-–The Exit from Pakistan (Control) Rules, 1983 are hereby’ repealed.

THE EXIT FROM PAKISTAN (CONTROL) ORDINANCE, 1981
(XLVI OF 1981)

[21st December, 1981]

An Ordinance to provide for the control of exit of certain persons from Pakistan.
Whereas it is expedient to provide for the control of exit of certain persons from Pakistan.

And whereas the President is satisfied that circumstances exist which render it necessary to take immediate action:

Now, therefore, in pursuance of the Proclamation of the Fifth day of July, 1977, read with
the Provisional Constitution Order, 1981(CMLA Order No 1 of 1981) and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:

1. Short title, extent and commencement.— (1) This Ordinance may be called the Exit from Pakistan (Control) Ordinance, 1981.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Power to prohibit exit from Pakistan.— (1) The Federal Government may, by order,
prohibit any person or class of persons from proceeding from Pakistan to a destination outside Pakistan, notwithstanding the fact that such person is in possession of valid travel documents.

(2) Before making an order under sub-section (1), the Federal Government shall not be
necessary to afford an opportunity of showing cause to the person against the order.

(3) If, while making an order under sub-section (1) it appear to the Federal Government
that it will not be in the public interest to specify the ground on which the order is proposed to be made, it shall not be necessary for the Federal Government to specify such grounds.

3. Review.— (1) Any person aggrieved by an order of the Federal Government under subsection (1) of section 2 may, within fifteen days of the making of the order, make a representation to the Federal Government for a review of the order, setting out in the representation the grounds on which he seeks the review.

(2) The Federal Government may, after giving the person making a representation an
opportunity of being heard, make such order as it may deem fit.

(3) Subject to the order of the Federal Government in review, an order under subsection (1) of section 2 shall be final and shall not be called in question before any courts or other authority.

4. Punishment.— Whoever contravenes, or attempts or conspires to contravene, or abets
the contravention of, any order made under sub-section (1) of section 2 shall be punishable with imprisonment for a term which may extend to five years.

5. Power to make rules.— The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Ordinance.