PTS MCQs Test Criteria for All Posts Directorate of Immigration and Passport Jobs 2017 for Assistant Director MRP Technical Officer Data Entry Operators MCQs Written Test Papers Last Date 13-03-2017 by Pakistan Testing Service
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Prevention and Control of Human Trafficking Ordinance, 2002
AN ORDINANCE to prevent and control human trafficking
WHEREAS the offences relating to traffic in human beings are incompatible with the dignity and worth of human being and endanger the welfare of the individual, the family and the community;
AND WHEREAS it is expedient and necessary to provide effective measures to prevent offences related to human trafficking and to protect and assist victims of such trafficking;
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 Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance: –
- Short title, extent and commencement.—(1) This Ordinance may be called the Prevention and Control of Human Trafficking Ordinance, 2002.
- It extends to the whole of Pakistan.
- It shall come into force at once
- Definition.—In this Ordinance, unless there is anything repugnant in the subject or context, —
- “benefit” includes monetary profit, proceeds or payment in cash or in kind;
- “child” means any person who has not attained the age of eighteen years;
- “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898);
- “coercion” means the use of force, violence, physical restraint, deception, fraud or acts or circumstances not necessarily including physical force but calculated to have the same effect, such as the credible threat of force or of infliction of serious harm;
- “document” related to human trafficking includes a passport, a travel documents and any identification document used by law enforcement authorities;
- “exploitative entertainment” means all activities in connection with human sports or sexual practices or sex and related abusive practices;
- “Government” means the Federal Government;
- “human trafficking” means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a person, notwithstanding his implicit or explicit consent, by the use of coercion, kidnapping, abduction, or by giving or receiving any payment or benefit, or sharing or receiving a share for such person’s subsequent transportation out of or into Pakistan by any means whatsoever for any of the purposes mentioned in section 3;
- “inhuman sports” include all sports involving, as a matter of normal course, infliction of physical or mental injury on a person against his will, intention or reasonable expectation;
- “organized criminal group” means a structured group of two or more persons, existing for a period of time and acting in concert with the aim of committing any offence under this Ordinance, in order to obtain, directly or indirectly, any financial or other material benefit and includes a person knowingly receiving or disbursing benefits accruing from the commission of any offence in relation to human trafficking by an organized criminal group; and
- “victim” means the person who is the subject of or against whom any offence under this Ordinance has been committed.
- Punishment for human trafficking. —The human trafficking shall be punishable as under: –
(i) Whoever knowingly plans or executes any such plan for human trafficking into or out of Pakistan for the purpose of attaining any benefit, or for the purpose of exploitative entertainment, slavery or forced labour or adoption in or out of Pakistan shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine:
Provided that in case of an accused who, in addition to committing an offence as aforesaid has also been guilty of kidnapping or abducting or any attempt thereto in connection with such offence, the imprisonment may extend to ten years with fine:
Provided further that whoever plans to commit an offence under this clause but has not as yet executed the same shall be punishable with a term of imprisonment, which may extend to five years and shall also be liable to fine.
(ii) Whoever knowingly provides, obtains or employs the labour or services of a person by coercion, scheme, plan or method intended to make such person believe that in the event of non-performance of such labour or service, he or any other person may suffer from serious harm or physical restraint or legal proceedings, shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine:
Provided that if the commission of the offences under this clause involves kidnapping or abduction or any attempt thereto, the term of imprisonment may extend to ten years with fine:
Provided further that payment of any remuneration in lieu of services or labour of the victim shall not be treated as mitigating circumstance while awarding the punishment.
(iii) Whoever knowingly purchases, sells, harbours, transports, provides, detains or obtains a child or a woman through coercion, kidnapping or abduction, or by giving or receiving any benefit for trafficking him or her into or out of Pakistan or with intention thereof, for the purpose of exploitative entertainment by any person and has received or expects to receive some benefit in lieu thereof shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine:
Provided that if the commission of the offence sunder this clause involves kidnapping or abduction or any attempt thereto of the victim, the term of imprisonment may extend to fourteen years with fine:
Provided further that plea, if any, taken by the biological parents of the child shall not prejudice the commission of offence under this clause.
(iv) Whoever knowingly takes, confiscates, possesses, conceals, removes or destroys any document related to human trafficking in furtherance of any offence committed under this Ordinance or to prevent or restrict or attempt to prevent or restrict, without lawful authority, a person’s liberty to move or travel shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine.
- Offences committed by organized criminal groups. —Where an organized criminal group is guilty of any offence under clauses (i),(ii),(iii) or (iv) of section 3, the term of imprisonment or each member of such group involved in the commission of such offence shall not be less than ten years imprisonment and may extend to fourteen years where the purpose of trafficking of a victim is exploitative entertainment and shall also be liable to fine.
- Repetition of commission of offences. –Whoever repeats the commission of an offence under this Ordinance, the term of imprisonment may extend to fourteen years and the off under shall also be liable to fine.
- Compensation etc. to the victim. —The court trying an offence under this Ordinance may where appropriate direct:
- the competent authorities of the Government, at any stage of the trial to allow or extend the stay of the victim in Pakistan till such time, as the court deems necessary;
- payment of compensation and expenses to the victim in accordance with section 545 of the Code;
- Government to make arrangements for the shelter, food and medical treatment of victim being an unaccompanied child or a destitute woman.
- Proceedings under the Ordinance to be in addition to and not in derogation of any other law.—The proceedings under the Ordinance shall be in addition to and not in derogation of any other proceedings initiated under any other law for the time being in force.
- Offences to be cognizable etc.—All offences under the Ordinance shall be cognizable, non bailable, and non-compoundable as construed by the Code.
- —Notwithstanding anything contained in the Code or any other law for the time being in force, the investigation of the offences under the Ordinance shall be carried out by only such persons or agencies as are specially empowered by the Government in that behalf.
- Cognizance of offences etc.— No court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Ordinance.
(2) Notwithstanding anything contained in section 32 of the Code, it shall be lawful for a Magistrate of the First Class to pass any sentence authorized by this Ordinance.
- —No suit, prosecution or any other legal proceedings shall lie against the Government or any other person exercising any power or performing any function under this Ordinance or the rules made thereunder for anything done in good faith.
- Power to make rules. —The Government may, by a notification in official gazette, make rules to carry out the purposes of this Ordinance.
GENERAL PERVEZ MUSHARRAF, President.
Mr. JUSTICE MANSOOR AHMED,
Secretary
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THE PASSPORT ACT, 1974
11th March, 1974
An Act to regulate departure from and entry into Pakistan and visit to foreign countries of the citizens of Pakistan.
Whereas it is expedient to regulate departure from the entry into Pakistan and visit to foreign countries of citizens of Pakistan and to provide for matters ancillary thereto;
It is hereby enacted as follows :–
1. Short title, extent and commencement.- (1) This Act may be called the Passports Act, 1974.
(2) It extends to the whole of Pakistan and also applies to all Citizens of Pakistan, wherever they may be.
(3) It shall come into force at once.
2. Definitions.-In this Act unless there is anything repugnant in the subject or context:–
(a) ‘passport’ means a passport which is for the time being valid, and includes any such permit, or other travel document authorizing the holder thereof to travel from ‘Pakistan to any other country, issued by or under the authority of the Federal Government;
(b) ‘prescribed’ means prescribed by rules made under this Act.
3. Prohibition of departure from Pakistan without passport, etc.-No citizen of Pakistan shall :–
(a) depart from Pakistan by any means whatever unless he is in possession of a passport, nor otherwise than from such port or place, by such route and in accordance with such conditions, as may be prescribed; or
(b) visit a foreign country unless his passport is valid for such country.
4. Punishment for contravention of section 3, etc.-(1) A citizen of Pakistan who is of the age of twelve years or more shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both, if he :-
(a) contravenes or attempts to contravene or abets the contravention of any of the provisions of section 3; or
(b) enters or attempts to enter Pakistan by any means whatever without being in possession of a passport or otherwise than at such port or place, or by such route, as may be prescribed.
(2) A person departing from or entering, or attempting to depart from or enter, Pakistan in whose custody or charge a person who has not attained the age of twelve years departs from or enters, or attempts to depart from or enter Pakistan in contravention of section 3 or clause (b) of sub-section (I) shall, in addition to any penalty to which he may be otherwise liable, be liable to be provided for in that sub-section.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) an offence punishable under sub-section (1) or sub-section (2) shall not be bailable.
5. Certain acts to be deemed contravention of section 3.-(1) Whoever gives any person who has contravened the provisions of section 3, any assistance with intent thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment for such contravention, shall be deemed to have abetted the offence of, contravention of the provisions of that section.
(2) The owner, master or person in charge of any means of transport who causes or knowingly allows any person to depart from Pakistan in contravention of the provisions of section 3 by such means of transport shall be deemed to have contravened the provisions of that section and the means of transport shall, if the Court convicting the owner, master or person in charge so directs, be forfeited to the Federal Government.
6. Penalties for certain offences relating to passport.- (1) A person shall be punishable with imprisonment which may extend to three years, or with fine, or with both, if he:-
(a) make or makes use of any statement which he knows or believes to be false in any document for obtaining passport; or
(b) attests or verifies statement which he knows or has reason to believe to be false in any document used for obtaining apassport; or
(c) wilfully conceals any fact which under the circumstances he ought to disclose for the purpose of obtaining a passport for himself or another person; or
(d) forges, alters or tampers with any passport or any document which he uses for obtaining a passport; or
(e) uses a passport which has been forged, altered or tampered with; or
(f) uses for obtaining a passport a document which has been forged, altered or tampered with; or
(g) is in wrongful possession of a passport not lawful issued to him or allows his passport to be used by another person; or
(h) traffics in passports or and documents required for obtaining a passport;
(i) wilfully false or neglects to return a passport issued to him, if he is required to do so or if an order cancelling impounding or confiscating it is made [or]
[(j) obtains more than one passport for himself either in the same or different names by concealing he fact of his already being in possession of a passport.]
Provided that a person guilty of an offence punishable under clause (h) shall be punished with rigorous imprisonment for a term which shall not be less than six months and with fine which shall not be less than one thousand rupees.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), an offence punishable under clause (b) of sub-section (1) shall be a bailable offence.
7. Power of arrest, seizure, etc.-(1) Any police officer not below the rank of Sub-Inspector, and any officer of customs empowered by general or special order of the Federal Government in this behalf, may arrest without warrant any person who has contravened, or against whom a reasonable suspicion exists that he has contravened any provision of this Act.
(2) Any police officer or other person authorised in this behalf by the Federal Government may seize in any place any means of transport which he knows or has reason to believe to be the means of transport by which a person has departed from Pakistan in contravention of the provisions of section 3.
(3) Any means of transport seized under subsection (2) shall be disposed of in accordance with the decision of the Court before which the owner, master or person in charge thereof is prosecuted under subsection (2) of section 5 for a contravention of section 3.
(4) Every officer making an arrest under that section shall, within a period of twenty-four hours of such arrest exclusive of the time necessary for the journey from the place of arrest to the Court of the nearest Magistrate, take or send to person arrested before a Magistrate having jurisdiction in the case or before the officer in charge of the nearest police station, and thereupon the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) applicable in respect of a person who, having been arrested without warrant, has been taken or sent before a Magistrate or an officer in charge of a police station shall apply to him.
The opinion of the handwriting expert is, of course, a mere opinion and cannot be considered as final word on the subject.
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 head of a secretary to the Government of Pakistan, 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 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 be made : ‘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.’
(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 subsection (1) is; or has been engaged in subversive or in activities which are prejudicial to the interest of Pakistan or
Pakistan’s relations with any foreign power, it shall not be necessary to give 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 subsection (i) has been made in the circumstances referred to in subsection (3), may within thirty days of the date of the order, apply in the Federal Government for a review of the order; and the decision of the Federal Government in review shall be final.
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. Burden 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 persons 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. Identity. 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 of 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; or
(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 alt or any of the provisions of Act or the rules made thereunder.
13. Power to make rules. (1) The Federal Government may by notification in the official Gazette, make rules for carrying out the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the conditions to which a passport issued by or on behalf of the Federal Government shall be subject, including conditions as to the ports or places in Pakistan at or from which alone a person holding a passport shall depart from or enter Pakistan ;
(b) the persons, other than the applicants or the issue of passports, by whom, and the manner in which, applications for the issue of passports may be submitted ;
(c) the licensing by the Federal Government of persons who may submit, on behalf of other persons, applications for the issue of passports and other qualification of such persons;
(d) the manner and form in which applications for the issue of the licences referred to in clause (e) shall be submitted, the person for which such licences shall be valid, the cancellation and renewal of such licenses and the condition to which they shall subject, including the location of the offices at which the business of the holders of the licences is conducted; and
(e) the fees payable in respect of the issue and renewal of the licences referred to in clause (e).
(3) Rule made under subsection (1) may provide that a contravention thereof shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
14. Act not to derogate from other laws. The provisions of this Act shall be in addition to, and not in derogation of the provisions of the Emigration Act, 1922 (VII of 1922), the Foreign Exchange Regulation Act, 1947 (VII of 1947), the Pakistan (Control of Entry) Act, 1952 (LV of 1952) and any other law relating to foreign exchange or entry into Pakistan.
15. Repeal. The Passport Act, 1920 (XXXIV of 1920), the Passport (Offences) Act, [LVI of 1952], and the Punjab Frontier Crossing Regulation, 1873 (Regulation No. VII of 1973), are hereby repealed.
PTS MCQs Test Criteria for All Posts Directorate of Immigration and Passport Jobs 2017 for Assistant Director MRP Technical Officer Data Entry Operators MCQs Written Test Papers Last Date 13-03-2017 by Pakistan Testing Service