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:
1. 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
2. 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 persons 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.
3. 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
persons liberty to move or travel shall be punishable with imprisonment which may extend to
seven years and shall also be liable to fine.
4. 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.
5. 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.
6. 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.
7. 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.
8. Offences to be cognizable etc.All offences under the Ordinance shall be cognizable, non
bailable, and non-compoundable as construed by the Code.
9. 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.
10. 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.
11. 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.
12. 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
Pakistans 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.