Foreigners’ Parolees Order, 1965

The Foreigners’ Parolees Order, 1965

ln exercise of the powers conferred by sections 3 and 12 of the Foreigners Act, 1946 (Act XXXI of 1946), the Federal Government is pleased to make the Foreigners (Parolees) Order, 1965 (Gazette of Pakistan Extraordinary, dates 10-11-65.)

1. Short title. In this Order may be called the Foreigners (Parolees) Order, 1965.

2. Definitions. In this Order, unless there is anything repugnant in the subject or context,---

(a) 'Commandant' means the officer appointed by Federal Government to be the commandant of a group of parole centres.

(b) 'Parole Centre' means a place designated as such by the Federal Government.

(c) 'Parolee' means a foreigner in respect of whom there is enforce an order made under clause (e) of sub-section (2) of section 3 of the Foreigners Act, 1946 (XXXI of 1946) requiring him to reside in a Parole Centre.

3. General restrictions on parole.-No parolee shall- (a) leave the limits of the parole centre except under, and in accordance with the conditions of a pass issued in that behalf by the commandant;

(b) visit any such place, within the limits of the parolee centre as may be notified by the commandant to be out of bounds, except under and in accordance with the conditions of a pass issued in that behalf by the commandant;

(c) absent himself without the provision of the commandant from any roll-call held by him;

(d) entertain in his service any servant who has not been approved by the commandant or the approval in respect of whom has subsequently been withdrawn by the commandant; or

(e) communicate with, received any article from, or deliver any article to, any person who is not himself a parolee or a member of the staff of the parolee centre except by post or with the permission of the commandant.

4. Camp orders. (1) Subject to the provisions of sub-paragraphs (2), (3) and (4), the commandant may for the purpose of regulating the conduct and safety of and maintaining the discipline among parolees, exercise the powers of the Federal Government to make order (hereinafter referred to as Camp Orders) under sub-clause (ii), (v), (vi), (vii), (viii), and (ix) of clauses (e) of sub-section (2) of section 3 of the Foreigners Act, 1946, (XXXI of 1946).

(2) No camp order shall be made which conflicts with any general or special order made by the Federal Government.

(3) Camp order shall be communicated to parolees language which they understand.

(4) A copy of every camp order made in pursuance of sub-paragraph (1) shall be furnished without delay to the Federal Government who may modify or rescind the order.

(5) Parolees shall comply with all camp order addressed to them whether-generally or individually.

5. Camp offences.-Any parolee who contravenes, or fails to comply with any order made under paragraph 3 or any camp order or whose conduct is otherwise prejudicial to the maintenance of discipline among parolees shall be denied to have committed a camp offence:

Provided that nothing in this order affects the liability of a parolee to proceeding in a Criminal Court for a contravention of the Foreigners Act, 1946 (XXXI of 1946) or for any other criminal offence.

6. Dismissal of charge of camp offences.-The commandant upon receiving information of a charge made against a parolee under his custody of having committed a camp offence, shall dismiss the charge, if he is of opinion that it ought not to be proceeded with.

7. Summary trial of camp offences.-(1) If the charge made against a parolee the charge in pursuance of paragraph 6, he may, without prejudice to any other action which may be taken against the said parolee, charge the parolee with a camp offence and proceed to hear such evidence as may be produced on behalf of, or against the parolee.

(2) A parolee who is charged with a camp offence may demand that evidence shall be taken on oath and, in that event, the same oath or solemn declaration as that required to be taken of witness before a Court established under the Code of Criminal Procedure, 1898 (Act V of 1898), shall be administered to each witness.

8. Punishments for camp offences.-lf the commandant is of opinion that the parolee is guilty of the commission of a camp offence, the commandant may award all or any of the following summary punishments, namely:

(a) confinement to quarters for any period not exceeding fourteen days during which the offender may be required to answer his name at uncertain hours during the day;

(b) suspension of such privileges, including those of receiving newspapers writing and receiving letters and participation in communal recreation, as the commandant may order; and

(c) forfeiture up to 50 per cent, of the subsistence allowance granted by Government for the parolee's personal expenditure.

9. Bar appearance to of pleaders in camp offence proceedings.-Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or any other law, no pleader as defined in the Code shall be entitled to appear or act on behalf of a parolee, who is charged before the Commandant with a camp offence.