Last Change:

05/27/2024

The Foreigners Order

Year: 1951

Type: Domestic law

Rights Category: Freedom of movement, Liberty & security of person, Work & Workplace rights, Documentation

Description

In exercise of the powers conferred by section 3 of the Foreigners Act. 1946 and in super session of the Foreigners Order, 1939, the Foreigner's Order 1951 was enacted. The Order holds procedures for controlling entry/departure of foreigners through port areas including Sea and Air. 

Selected provisions
Power to grant or refuse permission to enter Bangladesh

(1) No foreigner shall enter Bangladesh otherwise than at a port or such place of entry on the boarders of Bangladesh as a Registration Officer having jurisdiction at such port or place may appoint in this behalf, or without the leave of the civil authority having jurisdiction at such port or place.

(2) Leave or enter shall be refused if the civil authority is satisfied that:-

(A) the foreigner is not in possession of a passport or visa valid for Bangladesh or has not been exempted from the possession of passport or visa; or

(B) he is of unsound mind or is mentally defective;

(C) he is suffering from a loathsome or infectious disease in consequence of which, in the opinion of the medical officer of the port or the place of entry, as the case may be, his entry is likely to prejudice the public health: or

(D) he has been sentenced in a foreign country for an extradition offence within the meaning of the Extradition Act, 1903 (XV of 1903); or

(E) his entry is prohibited under an order issued by a competent authority or under the specific orders of the Government.

(3) The civil authority may attach such conditions as it thinks fit to the grant of leave to enter and such conditions may be varied is such a manner or cancelled as the Government deems fit.

(4)(a) Notwithstanding anything contained in sub-clause (1) to (3) or in the Passport Act, 1920 (XXXIV of 1920). or in the clauses made thereunder a civil authority may, in the interests of the public safety, prohibit the entry of any foreigner into Bangladesh.

(B) Whenever the civil authority issues an order under clause (a) it shall report the matter forthwith to the Government which may cancel or modify the order in such manner as it thinks fit.

(5) Where leave or enter is refused to a foreigner, he may be detained at some place approved by the civil authority and may if he has come by sea, be placed temporarily on shore for that purpose, and whilst he is so detained he shall be deemed to be in legal custody and not to have entered Bangladesh.

Restrictions on employment

No foreigner shall without the general or special permission in writing of the civil authority, enter any premises relating to, or be employed in, or in connection with-

(1) any undertaking for the supply to Government or to the public of light, petroleum, powers or water, or-

(2) Any other undertaking which may be specified by the Government in this behalf.

Powers to impose restrictions on movements, etc.

The civil authority may, by order in writing, direct that any foreigner shall comply with such condition as may be specified in the order in respect of-
(1) his place of residence,
(2) his movements,
(3) his association with persons of a description specified in the order, and
(4) his possession of such articles as may be specified in the order.

Power to arrest and detain

If, in the opinion of the civil authority, it is necessary in the interest of the security of Bangladesh so to do, the civil authority may arrest any foreigner without warrant, and, subject to the provisions of section 3, sub-section (2) clause (g), sub-section (3) and sub-section (4) Section 3 of the Foreigners Act, 1946, detain him for such time in such manner and at such place as the civil authority may consider suitable:

Provided that a report of such arrest and detention shall be forthwith forwarded to the Government with a statement of reasons therefor and the Government may cancel such order or modify the manner of such detention in such manner as it may deem fit.

15A. A civil authority may order that a foreigner shall enter into a bond with or without sureties for the due observation of or as an alternative to the enforcement of any or all prescribed or specified restrictions and conditions.

15B. Notwithstanding anything contained in order the Government or any authority authorised by them in that behalf may itself exercise all the powers and functions of a civil authority in a particular case or classes of cases.